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JOURNAL  OF  THE  PROCEEDINGS     i 


OF  THE 


% 


CONVENTION 


OF    TIIK 


STATE  OF  LOUISIANA. 


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]^  "IT       -A.  XJ  T  H  O  H.  I  T  "S"  . 

NEW   ORLEANS  : 

J.    O.    NIXOX,    PRINTER    TO    THE    STATE    COXVKNT«»N 


1801. 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 


ESTABLISHED  BY  THE 
FAMILY  OF 

COLONEL  FLOWERS 


O  in  IP  I  o  I  .^  I-. 


JOURNAL  OF  THE  PROCEEDINGS 


OF  THE 


CONVENTION 


OF   HHT 


STATE  OF  LOUISIANA. 


EITr      ./V  TTT?  H  O  H.  I  I" -X- 


NEW   ORLEANS  : 

J,    0.    NIXON,  riilNTER    TO    THE    STATE    CONVENTION. 

1861. 


-^^^rm^ 


JOURNAL  OF  STATE  CONTENTION. 


Wedxesday,  Jan.  23,  1961. 

This  being  tho  day  fixed  by  the  provisons  of 
an  act  of  the  State  Legislature  of  the  State  of 
Louisiana,  entitled  "  An  act  providing  for  a 
State  Convention,"  approved  Dec.  12, 18G0.  the 
Convention  met  accordingly  in  the  city  of  Baton 
Rouge,  in  the  parish  of  East  Baton  Rouge, 
ttate  of  Louisfanii. 

The  Convention  vras  called  to  order  by  Mr. 
Effingham  Lawrence.  Representative  delegate 
from  the  parish  of  Plaquemines,  who  called  the 
Hon.  John  Perkins,  Jr.,  Senatorial  delegate 
from  the  parishes  of  Madison.  Tensas  and  Con- 
cordia, wbo  accordingly  took  the  cbair. 

On  motion  by  the  same  delegate,  Oscar  Ar- 
royo, of  Plaquemines,  was  appointed  tempo- 
rary Secretary  of  the  Convention,  and  James 
Welch,  of  St.  Helena,  as  Assistant  Secretary, 
and  J.  H.  Peralta  os  temporary  Sergeant-at- 
Arms. 

The  proceedings  were  opened  by  prayer  of- 
fered by  Rev.  Mr.  Lingfield. 

The  President  pro  tem.  submitted  to  the  Con- 
vention the  following  communication  from  the 
Secretary  of  State,  to-wit : 

Office  of  the  Secretaut  of  State,  ) 
Baton  Rouge,  Jan.  23,  1861.      ) 
To  the  IlonorabU  President 

and  Members  of  the  State  Convention  : 

Gentlemen — 1  have  the  honor  herewith  to 
transmit  to  your  honorable  body  the  returns  of 
the  election  of  delegates  to  your  Assembly,  as 
forwarded  to  my  office  by  the  returning  officers 
of  the  different  parishes  of  the  State,  together 
with  a  list  of  the  members  elyct,  as  will  appear 
by  reference  to  said  returns. 

Respectfully,        PLINY  D.  HARDY, 
Secretary  of  State  of  the  State  of  Louisiana. 

On  a  call  of  the  roll,  the  following  members 
answered  to  their  names  : 

SENATORIAL   DELEGATES. 

Parishes  of  Plaquemines,  St.  Bernard,  Jeffer- 
BOD  and  Orleans,  right  bank,  Messrs.  Charles 
Hieuvenu  and  Fergus  Gardere. 

All  that  portion  of  the  parish  of  Orleans,  on 
the  loft  bank  of  the  Mississippi  river,  including 
the  city  of  New  Orleans,  Messrs.  Peter  E.  Bon- 
ford,  Felix  Labatut,  Thomas  H.  Kennedy,  W. 
Rufus  Adams  and  J.  J.  Micb<l. 

Parishes  of  St.  Charles  and  Lafourche,  Mr. 
!i0uis  Bush. 

Parishes  of  Terrebonne,  Assumption  and  As- 
••.msion,  Mr.  Robert  C.  Martin  and  lion.  Adolphe 
Verret. 


Parishes  of  St.  James  and  St.  John  the  Bap- 
test,  Mr.  A.  Bienvenu  Roman. 

Parish  of  St.  Mary,  Mr.  G.  Laolaire  Fnselier. 

Parishes  of  St.  Martin  and  Vermillion,  Mr. 
Alexander  Declouct. 

Parishes  of  St.  Landry.  Calcasieu  and  Lafay- 
ette, Messrs.  Alexander  Mouton  and  Lucius  J. 
Dupre. 

Parish  of  Iberville,  Augustus  Talbot. 

Parishes  of  Pointe  Coupee,  Avoyelles  and 
West  Feliciana,  Messrs  Charles.  D.  Stewart  and 
Abraham  M.  Gray. 

Parishes  of  East  Feliciana,  East  Eaton  Rouge 
and  West  Baton  Ronge,  Messrs.  James  O.Fuqua 
and  Andrew  S.  Herron. 

Parishes  of  St.  Helena.  Washington,  Liv- 
ingston and  St.  Tammany,  Mr.  Hardy  Richard- 
son. 

Parish  of  Rapides,  Mr.  John  K.  Elgee. 

Parishes  of  Sabine,  Natchitoches,  DeSotoaod 
Caddo.  Mewrs.  Benjamin  L.  Hodge  and  Henry 
Marshall. 

Parishes  of  Winn,  Cataboala  and  Caldwell, 
Mr.  Wade  H.  Hough. 

Parishes  of  Franklin  and  Carroll,  Mr.  Mark 
Valentine, 

Parishes  of  Madison,  Tensas  and  Concordia, 
John  Perkins,  Jr.,  and  Lemuel  P.  Conner. 

Parish  of  Claiborne,  Mr.  John  L.  Lewis. 

Parishes  of  Bossier  and  Bienville,  Mr.  Robert 
Hodges. 

Parishes  of  Morehouse  and  Oaachita,  Mr. 
Horace  M.  Polk. 

Parishes  of  Jackson  and  Union,  Mr.  William 
M.  Kidd. 

REPRESENTATIVE    DELEGATES. 

Parish  of  Plaquemines.  Messrs.  Effingham 
La^\Tencc  and  Joseph  B.  Wilkinson,  Jr. 

Parish  of  St.  Bernard,  Mr.  Antonio  Marrero. 

Parish  of  Orleans  (right  bank)  Mr.  George 
W.  Lewis. 

Parish  of  Jefferson,  Messrs.  Christian  Rose- 
lius  and  C.  Theodule  Lagroue. 

Parish  of  St.  Charles,  Mr.  Richard  Taylor. 

Parish  of  St.  John  the  Baptist,  Mr.  Samael 
Holliagsworth. 

Parish  of  St.  James,Mei5srs.  J.  KleberGaudet 
and  Louis  S.  LeBourgeois. 

Parish  of  Ascension,  Messrs.  Edward  Duffel 
and  Thomas  Cottman, 

Parish  of  Assumption,  Messrs.  Edmond  O. 
Melangon  and  Walter  Pugh. 

Parish  of  Lafourche,  Messrs.  Caleb  J. 
Tucker  and  J.  Bcuddy  Perkins. 


JOURNAL   OF  THE  CONVENTIOK 


Parish  of  Terrebonne,  Messrs.  Andrew 
McCollom  and  Gilmore  F.  Connelly. 

Parish  of  St.  Mary,  Messrs.  Jules  G.  Olivier 
and  Washington  JI.  Smith. 

Parish  of  St.  Martin,  ]\Iesprs.  John  Moore 
and  Alcibiade  DeBlanc. 

Parish  of  Avoyelles,  Messrs.  Fenelou  Can- 
non and  Aristides  Barhin. 

Parish  of  Catahoula.  Mr.  James  G.  Taliaferro. 

Parish  of  Carroll,  Messrs.  Edward  Sparrow 
and  John  H.  Martin. 

Parish  of  Madison,  Messrs.  "William  R.  Peck 
and  Claiborne  C.  Briscoe. 

Parish  of  Tensas,  Messrs.  Samuel  W.  Dorsey 
and  William  D.  Anderson. 

Parish  of  Concordia,  Messrs.  Joseph  E.Miller 
and  Zebulon  York. 

Parish  of  Poiute  Coupee,  Messrs.  Auguste 
Provosty  and  Samuel  W.  McNeely. 

Parish  of  West  Feliciana,  Messrs.  "William  R. 
Barrow  and  John  T.  Towles. 

Parish  of  East  Feliciana,  Messrs.  Thomas  W. 
Scott  and  William  Patterson. 

Parish  of  St.  Helena,  Mr.  James  A.  "Wil- 
liams. 

Parish  of  Washington,  Mr.  Nehemiah  Magee. 

Parish  of  St.  Tammany,  Mr.  Sydney  S.  Con- 
ner. 

Parish  of  Livingston,  Mr.  "William  A.  Da- 
vidson. 

Parish  of  East  Baton  Rouge,  Messrs.  William 
S.  Pike  and  I.  Ambrose  Williams. 

Parish  of  West  Baton  Rouge,  Mr.  Nathaniel 
W.  Pope. 

Parish  of  Iberville,  Messrs.  Theodore  John- 
son and  Edward  G.  W.  Butler. 

Parish  of  Vermillion,  Mr.  Daniel  O'Dryan. 

Parish  of  Lafayette,  Mr.  Michael  E.  Girard. 

Parish  ot  Calcasieu,  Mr.  William  E.  Gill. 

Parish  of  St.  Landry,  Me.^srs.  John  A.  Tay- 
lor, Caleb  L.  Swayze,  Walthall  Burton  and 
ThoKias  A.Cooke. 

Parish  of  Rapides,  Messrs.  Thomas  C.  Man- 
ning, William  W.  Smart  and  Lewis  Texada. 

Parish  of  Sal)ine,  Mr.  Edward  C.  Davidson. 

Parish  of  Natchitoches,  Messrs.  A.  H.  Pierson 
and  Jules  Sompayrac. 

Parish  of  Winn,  Mr.  David  Picrsoa. 

Parish  of  De  Soto.  Messrs.  Joseph  B.  Elam 
and  Y.  W.  Graves. 

Parish  of  Caddo,  Mes.-rs.  George  Williamson 
and  Leon  D.  Marks. 

Parish  of  Bossier,  Thomas  J.  Caldwell  and 
Henderson  McFarland. 

Parish  of  Claiborne.  Messrs.  James  M.  Thom- 
asson  and  Nelson  J.  Scott. 

Parish  of  Bienville,  Mr.  Felix  Lewis. 

Parish  of  Jackson.  Mr.  William  B.  Warren. 

Parish  of  Union,  Messrs.  Sidney  H.  Griffin 
and  William  C.  Carr. 

Parish  of  Morehouse,  Mr.  Robert  B.  Todd. 

Parish  of  Ouachita,  ?Jr.  Isaiah  Garrett. 

Parish  of  Caldwell,  Mr.  Cicero  C.  Meredith. 

Parish  of  Franklin.  Mr.  Alien  Bonner. 

Parish  of  Orleans,  First  Re|n'esentative  Dis- 
trict, Messrs.  Thomas  J.  Semmes,  Isaac  N.  Marks 
and  Benjamin  S.  Tappan. 


Second  Representative  District.  Messrs. 
Joseph  A.  Rozier  and  W.  T.  Stocker. 

Third  Representative  District,  Messrs.  Jarae? 
McClosky,  Robt  W.  Estlin  and  J.  B.  Siawson. 

Fourth  Representative  District,  Mr.  M.  O. 
H.  Norton. 

Fifth  Representative  District,  Messrs.  Joseph 
Hernandez  and  Bernard  Avcgno. 

Sixth  Representative  District,  Mr.  John  Pem- 
berton. 

Seventh  Representative  District.  Messr.". 
George  Clark  and  Edward  Bermudez. 

Eiglh  Representative  District,  Mr.  C.  Octave 
LeBlanc. 

Ninth  Representative  District,  Mr.  P.  Severe 
Wiltz. 

Tenth  Representative  District,  Messrs.  Wil- 
liam R.  Miles,  William  M.  Perkins  and  Alex- 
ander Walker. 

On  motion,  by  Mr.  Lawrence,  the  Convention 
proceeded  to  the  election  of  its  President. 

Mr.  John  Moore,  Representative  delegate  from 
the  parish  of  St.  Martin,  nominated  the  Hon. 
Alexander  Mouton,  Senatorial  delegate  from 
the  parishes  of  Lafayette,  St.  Landry  and  Cal- 
casieu, as  a  candidate. 

Mr.  John  L.  Lewis,  Senatorial  delegate  from 
the  parish  of  Claiborne,  nominated  Mr.  Isaiah 
Garrett,  Representative  delegate  from  the  par- 
ish of  Ouachita,  as  a  candidate. 

On  the  call  of  the  roll,  the  following  was  the 
result  of  the  vote,  to-wit : 

Messrs.  Adams,  Anderson,  Avegno,  Barbin, 
Barrow,  Bermudez,  Bonford,  Bonner.  Briscoe, 
Burton,  Butler,  Caldwell,  Carr.  Cook,  Conner, 
of  Concordia,  Davidson,  of  Sabine.  Declouet, 
DfBlanc,  Dorsey,  Dupre,  Elam,  Elgee,  Estlin, 
Faselier,  Graves,  Gray,  Gill,  Girard.  Griffin. 
Hernandez,  Hodge,  Hodges,  Johnson,  Kennedy, 
Kidd,  Labatut,  Lawrence,  Lewis,  of  Bienville, 
Marshall,  Marrero,  Marks,  of  Caddo,  Marks,  of 
Orleans,  Martin,  of  Carroll,  Magee,  Miles, 
Michel,  Miller,  Moore,  McClusky,  McFarland, 
McNeely,  Norton.  Olivier,  0"Bryan,  Perkins, 
of  Lafourche,  Perkins,  of  Madison,  Perkins,  of 
Orleans,  Peck.  Pembertou,  Provosty,  Richard- 
son, Siawson,  Smart,  Swayze,  Semmes,  Stewart, 
Sparrow,  Scott,  of  East  Feliciana,  Smith.  Tap- 
pan,  Talbot,  Taylor,  of  St.  Charles,  Taylor  of 
St.  Landry,  Texada.  Todd,  Towles,  Tucker, 
"Valentine,  Warreu,  AValkcr,  Williamson,  Wilk- 
inson, Wiltz  and  "Fork — 81  members  voted  for 
the  Hon.  Alexander  Mouton. 

And  Messrs.  Bienvenu,  Bush,  Cannon,  Clark, 
Connelly,  Conner  of  St.  Tammany,  Cottman, 
Davidson,  of  Livingston,  Dutiel,  Fuqua,  Gar- 
dere,  Gaudct,  Herron,  Hough,  Hollingsworth, 
Lngrou,  LeIBlanc,  LeBourgeois,  Lewis,  of 
Claiborne,  Lewis,  of  Orleans,  Martin,  of  As- 
sumption, Mclangon.  Meredith,  McCollom,  Pat- 
terson, Pierson,  of  Natchitoches,  Pierson,  of 
Winn,  Pike,  Polk,  Pugh,  Roman,  Rosclius,  Ro- 
zier, Sompayrac.  Scott  of  Claiborne.  Stocker  of 
Orleans,  Taliaferro,  Thomasson,  Vtrrett,  Wil- 
liams of  East  Baton  Rouge  and  "\Villiams,  of  St. 
Helena — 41  members  voted  for  the  lion.  Isaiah 
Garrett  as  President. 


OP  THE  STATE   OF  LOUISIANA. 


And  Mr.  Pope  voted  for  the  Hon.  John  Per- 
kins, Jr.,  as  President. 

RECAPrrULATION  : 

Hon.  Alexander  Mouton  received 81  rotes. 

Hon.  Isaiah  Garrett  received 41     . . 

Hon.  John  Perkins,  Jr.,  received 1     . . 

Total  number 123 

Hon.  Alexander  Mouton  having  received  a 
majority  of  votes  cast,  -was  declared  duly  elected 
President  of  the  Convention. 

On  motion  by  Mr.  Lawrence,  the  President 
appointed  Me.^Ts.  Lawrence.  Herron  and  Rose- 
lius  on  a  committee  to  infurm  the  ilon.  Alex- 
ander Mouton  of  his  election  as  Prenident  of 
the  Convention. 

Subsequently,  the  committee  appeared  and 
conducted  to  tbe  Chair  the  Hon.  Alexander 
Mouton.  the  President  elect  of  the  Convection. 
who  took  tlie  Chair  and  delivered  the  following 
address,  to- wit : 

Gentlemen  of  tht  Convention — I  arise  to  tender 
to  you  my  thanks  for  this  distinguished  mark  of 
your  consideration.  Fully  impress-d  with  a 
sense  of  the  high  responsibility  thu8  placed  upon 
me.  I  enter  up"n  the  discharge  of  my  official 
duties  with  a  sincere  desire  so  to  conduct  your 
proceedings  as  to  alford  justice,  full  juEtic*^.  to 
you  all.  as  members  of  this  Convention,  and  as 
my  colleagues  in  representing  the  people  of  the 
State  of  Louisiana. 

Absent  for  many  years  from  deliberative  bo- 
dice, it  cannot  be  expected,  nor  can  I.  myself, 
hope  that  I  shall  be  as  ready  in  regard  to  their 
parliamentary  rules,  as  may  be  required  in  the 
course  of  our  proceedings.  With  the  indul- 
gence and  assistance,  however,  gentlemen, 
which  I  expect  to  receive  at  your  hands,  I  trust 
that  you  will  be  not  altogether  disappointed  in 
my  efforts  to  direct  the  movements  f  this  body. 
I  am  further  encouraged  with  the  idea,  as  well 
as  the  knowledge  and  reflection,  that  the  mem- 
bers of  this  convention  understand  and  duly 
appreciate  the  proprieties  and  courtisies  of 
life. 

We  have  met  to  dispose  of  an  important  ob- 
ject, involving  the  welfare  and  reputation  of 
our  State. 

I  mistake  very  much  the  character  of  this 
body,  if  calmness  and  deliberation  do  not  mark 
its  proceedings,  and  if  we  are  to  be  disturbed 
br  angry  and  exciting  discussions.  At  all  events 
we  are  engaged  in  an  important  cause,  the  cause 
of  a  brave,  loyal  and  enlightened  people  as- 
serting their  rights,  and  I  trust  that,  with  the 
help  of  God.  they  will  be  able  to  carry  them 
out. 

On  motion  by  Mr.  Jules  G.  Olivier,  His  Ex- 
cellency J.  L.  Manning,  of  the  State  of  South 
Carolina,  and  His  Excellency  J.  N.  Winston,  of 
Alabama,  Commissioners  to  the  State  of  Louis- 
iana, were  invited  to  seats  on  the  floor  of  the 
Convention. 

Mr.  A.  Provosty.  Representative  delegate 
from  tbe  parish  of  Pointe  Coupee,  submitted  to 
the  Convention  the  following  resolution,  which 


was   considered    by   unanimous  consent    and 
agreed  to : 

Resolved,  That  a  committee  of  three  be  ap- 
pointed by  the  President  to  report  rules  for 
the  government  of  this  Convention  and  the 
number  and  character  of  the  officers  and  em- 
ployes required  for  the  transaction  of  busi- 
ness. 

And  the  President  appointed  on  said  com- 
mittee Messrs,  Provosty,  Herron  and  Scmme?. 

Mr.  S.  W.  Dorsey  submitted  the  following 
resolution. 

Resolved,  That  a  committee  of be  ap- 
pointed by  the  President  to  prepare  and  report 
as  soon  as  possible  an  ordinance  providing  for 
the  withdrawal  of  the  State  of  Louisiana  from 
the  present  Federal  Union,  with  tlie  view  to 
tho  establishment  of  a  new  confederacy,  to  be 
composed  of  the  seceding  States. 

On  motion  by  Mr.  T.  J.  Semmcs.  the  blank 
in  said  resolution  was  filled  with  the  word 
"  fifteen." 

On  motion  by  Mr.  S.  W.  McNeely,  tbe   reso- 
lution was  further  amended  by  inserting  at  the 
end  thereof  the  following  words,  to-wit :  ••  And   ' 
that  the  committee  be  instructed  to  report  to- 
morrow at  10  o'clock  A.  M." 

On  motion   by  Mr.   Alexander   V>'alk(r.  the 
above  resolution  was  further  amended  bv  strik- 
ing out  therefrom  all  after  the  word  "  Union." 
On  motion   by   Mr.  John  Moore,   the   above 
resolution  was  adopted  as  amended. 

Mr.  John  Moore  submitted  the  following  or- 
dinance : 

An  ORDINANCE  to  dissolve  the  union  between 
the  State  of  Louisiana,  united  with  her  un- 
der the   compact    of   Government   cntitltd 
"  The  Constitution  of  the  United  States.'' 
Wt,  the  people  of  the  Slate  of  Louisiana,  in  Con- 
vention asiemliled.  do  declare  and  ordain,  and   it   f.<t 
hereby  declared  and  ordained,  That  the  declaration 
of  the  people  of  Louisiana   (then  Territory  of 
Orleans)  in  Convention  assembled,  made  oik.^e 
twenty     second    day   of   November,   eigbt^n 
hundred  and  eleven,  adopting  the  Constitution 
of  the  United  States  of  America   and    every 
part  thereof,  bo  and  the  same  is  hereby  repcaldl. 
r«scinded  and  abnegated. 

We  do  further  declare  and  ordain.  That  the 
union  now  existing  between  the  State  of  Louis- 
iana and  other  States  under  the  name  and  title 
of  the  '■  United  States  of  America."  l)e  and  the 
same  is  herebj'  dissolved,  and  the  State  ot  Louis- 
iana is  in  full  pos,«ession  and  exercise  of  those 
rights  of  sovereignty  which  belong  to  a  free 
and  independent  State,  and  that  the  words 
"  Of  the  United  States  and.''  be  and  the  same 
are  hereby  stricken  frera  Article  Ninetieth  title 
Sixth  ot  the  Constitution  of  this  State,  and  that 
the  members  of  the  General  Assembly  and  all 
officers  who  have  taken  the  oath  prescribed  by 
said  Article,  be  and  they  are  hereby  absoived 
from  so  much  tiiereof  as  requires  ^lem  to  suji- 
port  the  Constitution  of  the  Unit.e»i  States. 

And  we  do  further  declare  and  ordain.  That  it  is 
the  purpose  of  the  people  of  Louisiana  to  meet 
the  other  slaveholding  States,  who  approve  of 
such   purpose  in  order  t©  frame  a  Provisional, 


6 


JOURNAL   OF   THE   CONVENTION 


as  well  as  a  Permanent  Government,  upon  the  j 
basis  of  the  Constitution  of  the  United  States. 

On  motion  by  the  same  member,  the  above 
ordinance  was  referred  to  the  committee  of 
lifteen. 

Mr.  W.  R.  Miles,  with  a  suspension  of  the 
rules  fu'pt  granted,  asked  and  obtained  leave  to 
introduce  an  ordiaance  entitled  : 

An  Ordinance  for  the  withdrawal  of  the  State 
of  Louisiana  from  the  Federal  Union. 

On  motion,  by  the  same  member,  the  reading 
of  said  ordinance  was  dispensed  with,  and  it 
was  referred  to  the  committee  of  fifteen. 

Mr.  Mark  Valentine,  with  a  suspension  of  the 
rules  first  granted,  asked  and  obtained  leave  to 
introduce  an  ordinance  entitled  : 

Preamble  and  ordinance  in  relation  to  the 
secession  of  the  State  of  Louisiana  from  the 
Federal  Union  and  the  formation  of  a  Southern 
Confederacy. 

On  motion  of  Mr.  Edward  Sparrow,  ordered 
that  all  proposition!  of  similar  nature  be  re- 
ferred to  the  same  committee  without   reading. 

On  motion  by  Mr.  T.  J.  Serames,  ordered  that 
the  rules  of  the  House  of  Representatives  be 
adopted  for  the  government  of  this  Convention 
until  the  Committee  on  Rules  have  reported. 

Mr.  John  Moore  submitted  the  following 
resolution,  which,  being  read,  was  ordered  to 
lie  over  under  the  rules. 

Rccolved,  That  the  following  committees  be 
appointed,  to-wit : 

Committee  on  Southern  Confederacy. 

Committte  on  the  Jurisdiction,  Courts  and 
property  of  the  United  States. 

Committee  on  Commerce  and  Navigation,  to 
consist  of  nine  members  each. 

Committee  on  Postal  affairs. 

Committee  on  Patents,  to  consist  of  fire 
members  each. 

Committee  on  Enrollment,  to  consist  ol  three 
reembers. 

On  motion  by  Mr.  Taylor,  of  St.  Charles,  the 
Convention  took  a  recess  of  thirty  minutes. 

After  which  the  Convention  was  called  to  or- 
der by  *he  Hon.  Alex.  Mouton.  its  President. 

The  President,  in  pursuance  to  a  resolution 
adopted  this  morning  by  the  Convention,  ap- 
pointed the  following  as  thocommitte  of  hiteeu, 
whose  object  is  to  draw  up  an  ordinance  provi- 
ding for  the  withdrawal  of  the  State  of  Louisi- 
ana from  the  present  Federal  Union  : 

Messrs.  J.  Perkins,  of  Madison,  A.  Declouet, 
K.  B.  Roman,  Edward  Sparrow,  L  Garrett,  T. 
J.  Sr-mmes,  L.  J.  Duprc,  .V.  Provosty,  W.  R. 
Mil-*,  J.  L.  Lewis,  A.  Talbot,  W.  R.  Borrow,  J. 
K.  E'l  <••■(■,  C.  Roselius  and  G.  Williamson. 

.Mr.  Vr'>vo~ty.  oa  behalf  of  the  committee,  to 
whom  was  referred  the  resolution  relative  to 
rales  f  )r  the  government  of  the  Convention, 
and  thi^  number  and  character  of  the  oflicers 
ane  employes  required  for  the  transaction  of 
business,  reported  that  the  committee  recom- 
mend t!ie  following  as  the  standing  committees 
of  tlie  Convention,  t'ao  member  first  named  on 
the  respective  committees  shall  be  the  chairman 
pf  such  committee : 


1.  On  Citizenship  in  Louisiana. 

2.  On  Judiciary  and  Federal  Jurisdiction  and 

Property  in  Louis'ina. 

3.  On  Commerce.  Revenue  and  Navigation. 

4.  On  Postal  Aflairs. 

5.  On  State  Constitution  and  Proteotion  of 
Private  Rights. 

6.  On  Military  and  Naval  Affairs. 

7.  On  the  Formation  of  Southern  Confede* 
racy. 

8.  On  Finance  and.  Contingent  Expenses. 

9.  On  Federal  Relations. 

10.  On  Patents. 

IL  On  Enrollment. 

Each  committee  shall  consist  of  eleven  mem- 
ber,", except  the  Committee  on  Enrollment, 
which  shall  consist  of'five  members. 

The  oflicers  of  tlie  Convention,  in  addition  to 
the  President,  shall  be  a  Secretary,  an  Assistant 
Secretary,  a  Sergeant-at-Arms  and  Door-keeper, 
a  Warrant  Clerk,  to  be  elected  by  the  Conven- 
tion, and  such  number  of  Tranilating  and  En- 
rolling Clerks  as  the  committee  on  Enrollment 
may  think  sufiicient. 

The  committee  ask  a  farther  delay  of  time  to 
prepare  rules  and  regulations  for  the  govern- 
ment of  the  Convention. 

Mr.  G.  F.  Connelly  moved  to  amend  the  latter 
portion  for  said  report  by  inserting  after  the 
words  "  Warrant  Clerk  ''  the  word  "  Printer." 

On  motion  by  Mr.  A.  Provosty,  Mr.  Connelly's 
amendment  was  adopted. 

Mr,  J.  J.  Michel  moved  to  further  amend  said 
report  by  inserting  after  the  word  "Printer  " 
the  word  ''  reporter." 

On  a  division  of  the  votes,  Mr.  Michel's 
amendment  was  lost. 

On  motion  by  Mr.  Provosty,  the  above  report 
was  adopted  as  amended. 

On  motion  of  Mr.  S.  W.  McNeely,  the  Con- 
vention proceeded  to  the  election  of  its  Secre- 
tary. 

Mr.  W.  A.  Davidson  of  Livingston,  announced 
J.  C.  Stafford,  of  East  Baton  Rouge. 

Mr.  A.  Provosty  announoed  J.  11.  Halsey,  of 
Pointe  Coupee. 

Mr.  B.  L.  Hodge  announced  Samuel  Hyams, 
of  Natchitoches. 

Mr.  Z.  York  announced  John  Claiborne,  of 
New  Orleans. 

Mr.  T.  J.  Semmes  announced  E.  C.  Kelley,  of 
New  Orleans. 

Mr.  P.  Sever  Wiltz  announced  Albert  Fabre^ 
of  New  Orleans. 

Mr.  Mark  Valentine  announced  J.  T.  Wheat, 
of  New  Orleans. 

Mr.  Hardy  Richardson  announced  Paris 
Childress,  of  St.  Tammany. 

Oa  a  call  of  the  roll,  the  following  was  the 
result  of  the  vote,  to-wit  .- 

Messrs.  Bonner,  Caldwell,  Davidson,  of  Sa- 
bine, Elam,  Elgee,  Graves,  Gill,  Hodge,  Hodges, 
Lawrence,  Lewis,  of  BiuBville,  Lewis,  of  Clai- 
borne, Manning,  Marshall,  McFarland,  Patterson 
Piersou,  of  Natchitoches,  Pierson,  of  Winn, 
Smart,  Scott,  of  East  Feliciana,  Tappan,  Tex- 
ada,  "ThomaBson,  Warren,    Williams,   of  East 


OP  THE   STATE  OP  LOUISIANA. 


Baton  Rouge,  and  WiUiamson,  voted  for  Samuel 
Hyams — 26  votes. 

Messrs.  Avegno,  Bermudez,  Bienvenu,  Bon- 
ford,  Dcclouet,  DeBlanc,  Fusciier,  Gladden, 
Gardere,  Gaudet,  Girard,  Hernandez,  Kennedy, 
Labatut,  Lagroue,  LeBourgeois,  Marrero,  Me- 
langon,  Pemberton,  Roman,  Roselius,  Rozier, 
Sompayrac,  Verret,  Wilkinson  and  Wiltz  voted 
of  Albert  Fabre — 2G  votes. 

Messrs.  Adams,  Briscoe,  Clark,  Connelly.  Du- 

£  re,  Garrett,  Hollingswortli.  Johnston,  LeBlanc, 
[artin,  of  Assumption,  Martin,  of  Carroll, 
Moore,  McColJom,  Norton,  Perkins  of  Lafourche, 
Perkins,  of  Orleans,  Pike,  Polk.  Pope.  Sparrow, 
Scott,  of  Claiborao,  Stocker,  Tucker  and  VhI- 
entine  voted  for  J.  T.  Wheat — 24  votes. 

Messrs.  Mouton,  Anderson,  Barrow,  Butler, 
Conner,  of  Concordia,  Dorsey,  Estli)i,  Griffin, 
Miles,  Miller,  Olivier,  0"Bryan.  Perkins,  of 
Madison,  Peck,  Stewart,  Smith,  Todd,  Towles, 
Walker  and  York  voted  for  John  Claiborne — 20 
votes. 

Messrs.  Barbin,  Burton,  Carr,  Cook,  Conner, 
of  St.  Tammany,  Gray,  Kidd,  Lewis  of  Orleans, 
Magee,  Richardson,  Taylor,  of  St.  Landry,  Wil- 
liams of  St.  Helena,  voted  for  Paris  Childress — 
12  votes. 

Messrs.  Bush,  Cannon,  Cottman,  Duffel,  Mc- 
Neely,  Provosty,  Pugh,  Talbot  voted  for  J.  11. 
Halsey — 8  votes. 

Messrs.  Davidson,  of  Livingston,  Fuqua,  Iler- 
ron,  Hough,  Meredith  and  Taliaferro  voted  for 
J.  C.  Stafford — C  votes. 

And  Messrs.  Marks,  of  Orleans,  Michel  Mc- 
Closky,  Slawson  and  Semmes  voted  for  E.  C. 
Kelly — 5  votes. 

RECAPrrULATION. 

Mr.  Samuel  Hyams  received 2C  votes. 

Mr.  Albert  Fabre  received 26 

Mr.  J.  T.  Wheat  received 24 

Mr.  John  Claiborne  received 20 

Mr.  Paris  Childress  received 12 

Mr.  J.  H.  Halsey  received 8 

Mr.  J.  C.  Stafford  received 6 

Mr.  E.  C.  Kelly  received 5     . . 

None  of  the  candidates  having  received  an 
absolute  majority  of  the  votes  ot  the  members 
of  the  Convention. 

Mr.  A.  Provosty  withdrew  the  name  of  J.  H. 
Halsey. 

Mr.  T.  J.  Semmes  withdrew  the  name  of  E.  C. 
Kelly. 

On  motion  by  C.  C.  Briscoe,  ordered  that 
after  the  second  ballot,  should  there  be  no  elec- 
tion, the  Convention  shall  proceed  to  ballot  for 
the  three  highest  candidates  voted  for  on  the 
second  ballot. 

The  Convention  proceeded  to  a  second  ballot, 
which  gave  the  following  result,  to-wit : 

Messrs.  Adams.  Bonford,  Bush,  Clark,  Cook, 
Connelly,  Cottman,  Duffel,  Dupro.  Fuqua,  Gar- 
rett, Herron,  Hough.  HoUihgsworth,  Johnston, 
Kennedy,  LeBlanc,  Marks,  Martin,  of  Assump- 
tion, Meredith,  McClosky,  McCollom,  Norton, 
Perkins,  of  Lafourche.  Perkins,  of  Orleans, 
Pike,  Pope,  Pugh,  Sparrow,  Scott,  of  Claiborne, 
Stooker,   Taliaferro,   Taylor,  of  St.  Landry, 


Tucker  and  Valentine  voted  for  J.  T.  Wheat — 
35  votes. 

Messrs.  Bonner,  Caldwell,  Carr,  Davidson,  of 
Sabine,  Elam,  Elgee,  Graves,  Gill,  Hodge, 
Hodges,  LawTence,  Lagroue.  Lewis,  of  Bien- 
ville, Lewis  of  Claiborne,  Slanning,  Marshall, 
Markri.  of  Caddo,  McFarland,  .McNeely,  Patter- 
son, Picrson,  of  Winn,  Polk,  Slawson,  Smart, 
Scott,  of  East  Feliciana,  Tappan,  Texada,  Thom- 
asson,  ^l?'l^rrcn,  Williams,  of  East  Baton  Rouge, 
and  Williamson  voted  for  Samuel  Hyams — 31 
votes. 

Messrs.  Moutoa,  Anderson,  Barrow,  Briscoe, 
Butler,  Conner,  of  Concordia,  Dorsey,  Estlin, 
Griffin,  Miles,  Michel,  Miller,  O'Bryan,  Perkins, 
of  Madison,  Peck,  Provosty,  Semmes,  Stewart, 
Smith,  Talbot,  Todd,  Towles,  Walker  and  York, 
voted  for  John  Claiborne — 24  votes. 

Messrs.  Avegno,  Bermudez,  Bienvenu,  De- 
clouct,  DeBlanc.  Fuselier,  Gardere,  Gaudet, 
Girard,  Hernandez,  Labatut,  LeBourgois,  Mar- 
rero,  Melancon,  Moore,  Olivier,  Pemberton, 
Roman,  Roselius,  Rozier,  Sompayrac,  Verret, 
Wilkinson  and  Wiltz  voted  for  Albert  Fabre — 
24  votes. 

And  Messrs.  Barbin.  Burton,  Cannon,  Conner 
of  St.  Tammany,  Davidson  of  Livingston.  Gray, 
Kidd,  Lewis,  of  Orleans,  Martin,  of  Carroll, 
Magee,  Richardson,  Swayze  and  Williams,  of 
St.  Helena,  voted  for  Paris  Childress — 13 
votes. 

UECAPITl-LATION. 

Mr.  J.  T.  Wheat  received 35  votes. 

Mr.  Samuel  Hyams  received 31     . . 

Mr.  John  Claiborne  received 24 

Mr.  Albert  Fabre  received 24 

Mr.  Paric  Childres-s  received 13 

Total  amount 127 

None  of  the  candidates  having  received  an 
absolute  majority  of  the  vote  cast,  the  Conven- 
tion proceeded  to  a  third  ballot,  which  gave  the 
following  result,  to-wit : 

Messrs.  Adams,  Bonford,  Burton,  Bush,  Can- 
non, Clark,  Cook,  Connelly,  Conner,  of  St.  Tam- 
many, Cottman,  Davidson,  of  Livingston, 
Declouet.  DeBlanc,  Dupre.  Estlin,  Fu.selier, 
Fuqua.  Garrett,  Herron.  |Hough,  Johnston] 
Keincdy,  LeBlanc,  Lewis,  of  Orleans,  Marks,' 
of  Orleans,  Martin  of  Assumption,  Martin,  of 
Carroll,  Magee,  Meredith,  Moore,  McCloskv, 
McCollom.  Norton,  Pattereon,  Perkins,  of  La- 
fourche, Perkins,  of  Orleans,  Pike,  Polk,  Pope, 
Pugh,  Roselius,  Rozier,  Swayze,  Stewart,  Spar- 
row, Scott,  of  Claiborne,  Smith,  Taliaferro. 
Taylor,  of  St.  Landry,  Tucker,  Valentine  and 
Williams  of  St.  Helena,  voted  for  J.  T.  Wheat— 
[)i  votes. 

Messrs.  Bonner,  Caldwell,  Carr,  Davidson,  of 
Sabine,  Elam,  Elgee,  Graves,  Gimy,  Gill,  Griffin, 
llodgc,  Hodges,  Kidd,  Lawrence,  Lewis,  of 
Bienville,  Lewis  of  Claiborne,  Manning,  Mar- 
shall, Marks,  of  Caddo,  McFarland,  McNeely, 
O'Bryan,  Pierson,  of  Winn,  Slawson,  Smart' 
Scott,  of  East  Feliciana,  Texada,  Thomasson', 
Warren,  Williams,  of  East  Baton  Rouge,  and 
Williamson  voted  for  Samuel  Hyam's— 31 
votei. 


8 


JOITRNAL   OP  THE  CONVENTION 


Messrs.  Avegno,  Barbin,  Bermudez,  Bienvenu, 
Gardevo  Gaudet,  Girard,  Hernandez,  Labatut, 
Laf(i-oac.  LeBourgeois,  Marrero,  Melancon, 
Miles.  Olirier,  Pemberton,  Roman,  Sompayrac, 
Verret,  Walker,  Wilkinson  and  Wiltz  voted  for 
Albert  Fabre — 22  votes. 

And  Messrs.  Mouton,  Anderson,  Barrow,  Bris- 
coe, Butler,  Conner,  of  Concordia,  Dorsey, 
Michel.  Miller,  Perkius,  of  Madison,  Peck, 
Provosty,  Richardson,  Semmes,  Tappan,  Talbot, 
Towles  and  York  voted  for  John  Claiborne — 18 
votes. 

RECAPITriATION. 

Mr.  J.  T.  Wheat  received 54  votes. 

Mr.  Samuel  Hyams  received 31     . . 

Mr.  Albert  Fabre  received 22 

Mr.  John  Claiborne  received 18 

Total  amount  of  votes  cast 125 

None  of  the  candidates  having  received  a  re- 
quisite majority  of  the  votes  cast,  the  Conven- 
tion proceeded  to  the  foui'th  ballot,  which  gave 
the  following  result,  to-wit : 

Messrs.  Adams,  Barrow.  Bermudez.  Bonford, 
Briscoe,  Brirton,  Bush,  Cannon,  Clark,  Cook, 
Connelly,  Conner,  of  St.  Tammany,  Cottman, 
Davidson,  of  Livingston,  Duffel,  Dupre,  Eetlin, 
Fuqua,  Gardere,  Garrett,  Ilerron,  Hough,  Hol- 
lingsworth,  Johnson,  Kennedy,  LeBlanc,  Lewis, 
of  Orleans,  Marks,  of  Orleans,  Martin,  of  As- 
sumption, Martin,  of  Carroll,  Magee,  Sleredith, 
Miles,  Michel,  Moore,  McClosky,  McCoUum, 
Norton,  Perkius,  of  Lafourche.  Perkins,  of  Or- 
leans, Peck,  Piersou,  of  Winn,  Pike,  Polk,  Pope, 
Pugh.  RoseliuB,  Rozier,  Swayze,  Stewart,  Spar- 
row, Scott,  of  Claiborne.  Stocker,  Taliaferro, 
Taylor  of  St.  Landry,  Thomasson,  Towles, 
Tucker,  Valentine,  Warren,  Williams,  of  St. 
Helena,  and  York  voted  for  Mr.  J.  T.  Wheat — 
62  votes. 

Messrs.  Bonner,  Butler,  Caldwell,  Carr,  Con- 
ner, of  Concordia,  Davidson,  of  Sabine,  Elam, 
Elg2e,  Graves,  Gray,  Gill,  GrifHn,  Hodge, 
Hodges,  Kidd,  La,wrenco,  Lewis  of  liienville. 
Lewis,  of  Claiborne,  Manning,  Marshall,  Marks, 
of  Caddo,  McFariand,  McNeely,  O'Bryan,  Pat- 
tprson,  Provosty,  Richardson,  Smart,  Scott,  of 
East  Feliciana,  Tappan,  Talbot,  Texada,  Wil- 
liamSj  of  East  Baton  Rouge,  and  Williamson 
voted  for  Samuel  Hyams — 34  votes. 

And  Messrs.  Mouton,  Avegno,  Barbin,  Bien- 
venu, Declouet,  DeBlauc,  Dorsey,  Fuselier, 
Gaudet,  Girard,  Hernandez,  Labatut,  Lagroue, 
LeBourgeois,  Marrero,  Melancon,  Miller,  Olivier, 
Perkins,  of  Madison.  Pemberton,  Roman, 
Semmes,  Sompayrac,  Smith,  Verret,  Walker. 
Williamson  and  Wiltz  voted  for  Albert  Fabre — 
28  votes. 

RECAPITULATION. 

Jir.  J.  T.  Wheat  received 62  votes. 

Mr.  Samuel  Hyams  received 34     . . 

Mr.  Albert  Fabre  received 28     . . 

Total  number  of  votes  cast 124 

None  of  the  candidates  having  received  a  re- 
quisite majority,  on  motion  by  Mr.  Lewis  Texa- 
da, the  name  of  Mr.  Samuel  Hyams  was  with- 
drawn as  a  candidate. 


On  motion  by  Mr.  E.  Lawrence,  Mr.  J.  T. 
Wbeat  was  declared  the  unanimous  choice  of 
this  Convention  for  the  oflBse  of  Secretary. 

On  motion  by  the  same  member,  two  addi- 
tional members  were  appointed  to  the  Commit- 
tee of  Reception  of  the  Commissioners  from  the 
States  of  Alabama  and  South  Carolina. 

On  motion  by  Mr.  Elgee,  the  Convention  ad- 
journed till  to-morrow,  at  10  o'clock,  A.  M. 
OSCAR  ARROYO, 
Temporary  Secretary  of  the  Convention. 


Thursday,  January  24th,  18G1. 

The  Convention  met  pursuant  to  adjourn- 
ment. 

_  Present :  The  Hon.  Alexander  Mouton,  Pre- 
sident of  the  Convention  in  the  chair. 

On  a  call  of  the  roll  128  members  answered 
to  their  names. 

The  journal  of  yesterday  was  read,  when,  on 
motion  by  Mr.  Herron,  the  same  was  corrected 
so  as  to  insert  after  the  words  "  Assistant  Sec- 
retary"' the  words  "  Sergeant-at.Arms  and  Door 
Keeper,-'  in  the  report  of  the  Committee  on 
Rules  ;  and  the  journal  was  approved  as 
amended. 

Mr.  Lawrence  submitted  the  following  reso- 
lution : 

Resolved,  That  after  the  election  of  Assistant 
Secretary,  the  President  be  requested  to  make 
the  appointment  of  all  other  officers  necessary 
for  the  Convention,  and  until  thcs'--  appoint- 
ments are  made  that  the  present  ofiicers  of  the 
Convention  perform  these  duties  temporarily. 

On  motion  of  Mr.  Tappan,  Mr.  Lawrence's 
resolution  was  amended,  by  inserting  after  the 
words  "  Assistant  Secretary"  the  word  '•  Prin- 
ter." 

Mr.  Davidson,  of  Livingston,  moved  to  lay 
the  resolution  as  amended,  on  the  table. 

On  motion  of  Mr.  Semmes  the  above  resolu- 
tion was  adopted  as  amended. 

Mr.  Connor,  of  Concordia,  submitted  the  fol- 
lowing resolution,  v/hich  was  considered  by 
unanimous  consent  and  agreed  to  : 

Jlesolved,  That  a  committee  of  three  be  ap- 
pointed to  confer  with  the  Commissioners  from 
South  Carolina  and  Alabama,  to  invite  them  to 
address  the  Convention,  and  to  ascertain  at 
what  time  it  will  be  agreeable  to  them  to  do  so. 

And  the  President  appointed  on  said  commit- 
tee Messrs.  Connor  of  Concordia.  Marshall  and 
Taylor  of  St.  Charles. 

Mr.  Gray  submitted  the  following  resolution, 
which  was  considered  by  unanimous  consent 
and  agreed  to  : 

Resolved,  That  if  any  of  the  Judges  of  the  Dis- 
trict and  Supreme  Benches  of  this  State  should 
be  present,  during  the  deliberations  of  this 
Convention,  they  are  hereby  invited  to  occupy 
seats  within  the  room,  v,'henevcr  the  Conven- 
tion may  not  be  in  secret  session. 

Air.  Walker  submitted  the  following  resolu- 
tion, which  was  considered  by  unanimous  con- 
sent and  agreed  to  : 

Resolved.  That  a  committee  of  five  members 
of  this  body  be  appointed  by  the  President  to 
wait  uDou  the  Governor  and  inform  him  that 


OP  THE  STATE  OF  LOUISIANA. 


d 


the  Convention  is  organized  and  prepared  to 
receive  any  communication  he  may  have  to 
make  to  this  body  : 

And  the  President  appointed  on  eaid  com- 
mittte  Messrs.  Walker,  DeBlanc,  Taylor  of  St. 
Landry,  Gardere  and  Gaudet. 

Mr.  DeBlanc  submitted  the  following  pream- 
ble and  resolution,  which  were  read,  and  were  re- 
ferred to  the  Committee  on  Federal  Relations  : 
Whereas,  it  is  manifest  that  Abraham  Lincoln 
if  inaugurated  President  of  the  United  States, 
will  koi'p  the  promises  he  has  made  to  the  Abo- 
litionist.s  of  the  North  :  that  these  promises,  if 
kept,  will  inevitably  lead  to  the  emancipation 
and  misfortune  of  the  slaves  oi'  the  South,  their 
equality,  with  a  superior  race,  ere  long,  to  the 
irreparable  ruin  of  this  mighty  Republic,  the 
degration  of  the  American  name,  and  corrup- 
tion of  the  American  blood. 

Fully  convinced  as  we  are,  that  the  slavery 
ingrafted  on  thi.-<  land  by  France,  Spain,  Eng- 
land, and  the  States  of  North  America,  is  the 
most  humane  of  all  existing  servitude.  That. 
tO'the  slave  of  the  South,  it  is  far  preferable  to 
the  condition  of  the  barbarians  of  Africa,  or 
the  freedom  of  those  who  have  been  liberated 
by  the  powLfs  of  Europe.  That  it  is  in  obe- 
dience tu  the  laws  of  God,  recognized  by  the 
Constitution  of  our  country,  .^auctioned  by  the 
decrees  ot  its  tribunals.  That  it  feeds  and 
clothes  its  enemies  and  the  world,  leaves  to  the 
black  laborer  a  more  considerable  sum  of  ci)m- 
fort,  happiness  and  liberty  than  the  inexhor- 
able  labor  required  from  the  free  servants  of 
the  whole  universe  ;  and  tliat  each  emancipa. 
lion  of  ap  African,  without  being  of  any  b<Mie- 
fit  to  him,  would  necessarily  condemn  to  slavery 
one  of  our  blood  and  our  race. 

Confident  that  we  have  strictly,  faithfully, 
and  ever  discharged  all  the  duties  and  obliga- 
tions imposed  upon  us  by  the  Constitution  of 
our  country  ;  that,  on  the  contrary,  the  mem- 
bers of  the  Republican  party  h.ive  already 
trampled  under  their  feet,  and  have  announced 
their  determination  to  disregard  Constitution, 
1rw.s,  obligations,  and  the  judgments  of  tho 
Courts  of  the  Republic  :  and  that  they  will  soon 
have  the  power,  as  tlx'y  always  had  the  will  to 
destroy  our  individual  and  national  existence. 
Theretbre  be  it 

Resolved.  By  the  Convention,  that  our  honor, 
our  legitimate  pride,  the  interests  of  our  slaves 
snd  of  mankind,  command  that  wc  should  de- 
clare that  Louisiana  owes  allegiance  only  to 
her  laws  and  to  God.  tndthat  she  is  compelled, 
by  the  injustice  and  bad  faith  of  her  sisters  of 
the  North,  to  abandon  a  Union  which  she  has 
loved,  still  loves,  and  deeply  regrets. 

On  motion  of  Mr.  Lawrence,  the  Convention 
proceeded  to  the  election  of  an  Assistant  Sec- 
retary. 

Mr.  Richardson  nominated  Mr.  W.  J.  Richard- 
son of  St.  Helena. 

Mr.  Davidson.  oT  Sabine,  nominated  Mr.  S.  C. 
Reed,  of  New  Orleans. 

Mr.  Jules  Oliver  aominated  Mr.  Robert  Mc- 
Millan of  St  Mary. 

B 


Mr.  Melangon  nominated  Mr.  Albert  Fabre, 

of  New  Orleans. 

Mr.  McNcely  nominated  Mr.  C.  W.  Pope,  of 
West  Baton  Rouge. 

Mr.  Davis,  of  Claiborne,  nominated  Mr  E.  E. 
Kidd,  of  Jackson. 

Before  proceeding  to  the  first  ballot,  on  mo- 
tion by  Mr.  Marks  of  Orleans,  ordered  that  after 
the  first  ballot  the  three  highest  candidates 
shall  be  ballotted  for.  and  after  a  second  ballot 
the  two  highest  candidates  shall  1)e  ballotted 
for. 

The  Convention  proceeded  to  the  first  ballot, 
which  gave  the  following  result,  to  wit  : 

Messrs.  Adams,  Anderson,  Barbin,  Bonner, 
Butler,  Caldwell,  Carr.  Connelly,  Graves.  Gray. 
Griffin,  llodgcs.  Kidd,  Lewis  of  Bienville.  Lewis 
of  Claiborne,  Lewis  of  Orleans.  Martin  of  Car- 
roll, Meredith,  McCollom,  McFariand,  Patter- 
son, Piersou  of  Natchitoches.  Picrson  of  Winn, 
Polk,  Semmes,  Sparrow,  Somitayrac.  Scott  of 
Claiborne.  Taliaferro,  Texada,  Thomae.«on. 
Todd,  Warron,  voted  for  Mr.  E.  E.  Kidd— 33 
votes. 

Messrs.  Barrow,  Briscoe,  Cottman,  Dorsey, 
Duffel.  Estlin,  Fuqua,  Garden?.  Gaudet.  llerron. 
Hough.  Hodge.  lioUingsworth.  Johnston.  La- 
groue.  LeBourgeos,  Marshall,  Marks  of  Caddo, 
Martin  of  Assumption,  McCollum,  McNeely, 
Perkins  of  Madison.  Peck,  Pike,  Pope.  Provos- 
ty,  Pugh.  Sl.iw.'-on.  Stewart.  Scott  of  East  Feli- 
ciana. Talbot,  Towles.  Williams  of  East  Baton 
Rouge,  voted  for  Mr.  C.  W.  Pope — 33  votes. 

Messrs.  Avegno.  Bcrmudez.  IVienvcnu.  Bon- 
ford,  Bush,  Clark,  Dcclouet.  DeBlanc.  Hernan- 
dez, Kennedy,  Labatut,  LeBlanc,  Lewis  of  Or- 
leans, Marrero,  Marks  of  Orleans,  Melangon, 
Michel,  Mouton,  Norton,  Pemberton,  Roman, 
Roselius,  Tappan,  Verret,  Walker  and  Wiltz, 
voted  for  Mr.  All>ert  Fabre — 2V>  votes. 

Messrs.  Cannon,  Cook.  Connor  of  Concordia. 
Davidson  of  Sabine,  Elam.  Elgw,  Gladden, 
Garret,  Lawrence.  Miller.  Perkins  of  Lafourche, 
Perkins  of  Orleans,  Swayze,  Tucker  Wilkinson 
and  York,  voted  for  Mr.  S.  C.  Reed — Ki  votes. 
Mes.«r8.  Burton,  Connor  of  St.  Tammany, 
Davidson  of  Liv;ng^lon,  Gill.  Magee.  Miles. 
Richard.son.  Smart,  and  Williams  of  St.  Helena, 
voted  for  Mr.  W.  J.  Richardson — 9  votes. 

And  that  Messrs.  Dupre.  Fuselier.  Girard, 
Oliver,  0"Bryan.  Rozier.  Stocker.  Smith  and 
Taylor  of  St.  Landry,  voted  for  Mr.  Robert 
McMillen— 9  vote.-. 

None  of  the  candidates  having  received  the 
requisite  number  of  votes  cast,  the  Convention 
proceeded  to  a  second  ballet,  in  pur«uance  with 
the  above  resolution. 

The  roll  was  called,  and  the  following  was 
the  result  of  the  votes,  to  wit : 

Messrs.  Adams.  Anderson,  Barbin,  Barrow, 
Bonner,  Briscoe.  Butler,  Caldwell,  Carr,  Cook. 
Connelly.  Connor  of  Concordia,  Connor  of  St. 
Tammany,  Davidson  of  Sabine,  Davidson  of 
Livingston,  Elam,  Estlin,  Fuqua,  Graves.  Gray, 
Griflin,  Herron  Hodge,  Hodges,  Johnston,  Kidd 
Lawrence,  Lewis  of  Bienville,  Lewis  of  Clai- 
borne, Marks  of  Caddo,  Martin  of  Carroll,  Ma- 


10 


JOURNAL   OF   TIIE'IcONVENTION 


gee,  Meredith,  Miller,  McCollom,  McFarland, 
McNeely,  O'Brjan,  Patterson,  Perkins  of  Madi- 
son, Perkins  of  Orleans,  Peck,  Pierson  of 
Natchitoches,  Pierson  of  Winn,  Pike,  Polk, 
Richardson,  Slawson,  Swayze,  Semmes,  Stew- 
art, Sparrow,  Sompayrac,  Scott  of  Claiborne, 
Scott  of  East  Feliciana,  Stocker,  Talbot,  Texada, 
Thomasson,  Todd,  Towles,  Tucker,  Valentine, 
Warren,  Williamson.  Wilkinson  and  York, 
voted  for  Mr.  E.  E.  Kidd— C7  votes. 

And  Messrs.  Avegno,  Bermudez,  Bienvenu, 
Bonford,  Burton.  Bush,  Cannon,  Clark,  Dec- 
clouet,  DeBlanc,  Dorsey,  Duffel,  Itupre,  Elgee, 
Fusilier,  Gardere,  Gaudet,  Gill,  Girard,  Her- 
nandez, Hollingsworth,  Kennedy,  Labatut,  La- 
groue.  LeBlauc,  LeBourgeois,  Lewis  of  Orleans, 
Manning,  Marrero,  Marks  of  Orleans,  Martin  of 
Assumption,  Melancon,  ]\Iichel,  Mouton,  j\Ic- 
Closky,  Norton,  Oliver,  Perkins  of  Lafourche, 
Pemberton,  Pope,  Provosty,  Pugh,  Roman.  Ro- 
pelius,  Rozier,  Smart.  Smith,  Tappan,  Taylor  of 
St.  Charles,  Taylor  of  St.  Landry,  Verret,  Wal- 
ker, Williams  of  East  Baton  Rouge,  and  Wiltz 
voted  for  Mr.  Albert  Fabre — 54  votes. 

Mr.  E.  E.  Kidd  having  received  an  absolute 
majority  of  the  votes  cast,  was  declared  duly 
elected  Assistant  Secretary  of  the  Cenventiou. 

Mr.  Connor,  on  behalf  of  the  select  commit- 
tee appointed  to  wait  on  the  Commissioners  of 
South  Carolina  and  Alabama,  and  invite  them 
to  address  the  Convention  and  ascertain  at 
what  time  it  will  be  agreeable  to  them  to  do 
so,  reported  that  after  conference  with  said 
Commissioners,  the  committee  were  informed 
that  the  Commissioners  will  be  pleased  to  ad- 
dress the  Convention  on  to-morrow  morning  at 
lOJ  o'clock. 

REPORT    FROM    THE    COMMITTEE    OF    FIFTEEN. 

Mr.  Perkins,  of  Madison,   Chairman  of  the 
Committee  of  fifteen,  appointed  by  the  Presi- 
dent of  the  Convention,  on  yesterday  reported 
the  following  ordinance  and  resolution,  which 
after  being  read,  was,  on  his  motion,  and  at  the 
request  of  the  committee,  ordered  to  be  printed, 
their  further  consideration  be  postponed,   and 
that  they  be  made  the  special  order  of  the  day 
for  to-morrow,  at  12  o'clock,  M. 
AN   ORDINANCE   to  Dissolve  the  Union  be- 
tween  the  State    of   Louisiana    and    other 
States  uuited  with  her,  under  the  compact  en- 
titled "  The  Constitution  of  the  United  States 
of  America." 

We,  the  people  of  the  SUUe  of  Louisiana,  in  Con- 
vention assemhlal,  do  declare  and  ordain,  and  it  is 
hereby  declared  and  oi-dained.  That  the  ordinance 
passed  by  us  in  convention  on  the  22d  day  of 
November,  ia  t'ai!  year  eighti^en  hundred  and 
eleven,  whereby  tlie  Constitution  of  the  United 
States  of  America,  and  tbe  amendments  of  the 
said  Constitution  were  adopted  ;  and  all  laws 
and  ordinances  by  which  the  State  of  Louisiana 
became  a  member  of  the  Federal  Union,  be  and 
the  same  are  hereby  repealed  and  abrogated  ; 
and  that  the  Union  now  subsisting  between 
Louisiana  and  other  States,  under  the  name  of 
"  The  United  States  of  America,"  is  hereby  dis- 
solved. 


We  do  further  declare  and  ordain,  That  the 
State  of  Louisiana  hereby  resumes  all  rights 
and  powers  heretofore  delegated  to  the  Govern- 
ment of  the  United  States  of  America  ;  that  her 
citizens  are  absolved  from  all  allegiance  to  said 
Government ;  and  that  she  is  in  full  possession 
and  exercise  of  all  those  rights  of  sovreignty 
which  appertain  to  a  free  and  independent 
State. 

ire  do  further  declare  andordain.  That  all  rights 
acquired  and  vested  under  the  Constitution  of 
the  United  States,  or  any  act  of  Congress,  or 
treaty,  or  under  any  law  of  this  State,  and  not 
incompatible  with  this  ordinance,  shall  remain 
in  force,  and  have  the  same  effect  as  if  this  or- 
dinance had  not  been  passed. 

Resolved,  That  we,  the  people  of  the  State  of 
Louisiana,  recognize  the  right  of  the  free  navi- 
gation of  the  Mississppi  river  and  its  tributaries 
by  all  friendly  States  bordering  thereon.  And 
we  also  recognize  the  right  of  egress  and  in- 
gress of  the  mouths  of  the  Mississippi  by  all 
friendly  States  and  provinces ;  and  we  do  here- 
by declare  our  willingness  to  enter  into  any 
stipulations  to  guarantee  the  exercise  of  said 
rights. 

Mr.  Rozier  presented  the  following  preambles 
and  ordinance  as  a  substitute  for  the  report  of 
the  committee  of  fifteen,  which,  after  being 
read,  was,  on  motion  of  Mr.  Cottman,  ordered 
to  be  printed  : 

AN  ORDINANCE  for  the  final  settlement  of  all 
the  difficulties  between  the  Free  and  Slaves 
States. 

Whereas,  during  many  years  past,  associa- 
tions and  large  bodies  of  citizens  of  "the  non- 
slaveholding  States  have  evinced  and  carried 
out  the  steady  purpose  of  assailing,  by  all  the 
means  they  can  employ,  the  peculiar  institu- 
tion of  the  Southern  States,  and  have  aided  the 
attack  by  vituperative  addresses  and  speeches, 
by  abolition  petitions  to  Congress,  by  inflam- 
matory discourses,  and  by  exaggerated  appeals 
to  the  prejudices  and  passions  of  the  ignorant 
and  fanatical ;  and 

Whereas,  much  sympathy  has  been  exhibited 
and  encouragement  given  in  the  non-slavehold- 
ing  States,  to  bands  of  lawless  ruffians,  making 
attacks  upon  the  slaveholding  States,  and  en- 
deavoring to  incite  ;  insurrection  among  the 
slaves  ;  and 

Whereas,  a  jormidable  and  powerful  party, 
called  Black  Republicans,  existing  exclusively, 
with  slight  and  insignificant  exceptions,  in  the 
non-.slavt'holdiug  States,  has  proclaimed  that 
slavery  shall  be  prohibited  by  action  of  Congress 
in  the  Territories,  thus  showing  a  deliberate 
hostility  to  the  South  ;  and 

Whereas,  many  of  the  non-slaveholding 
States  have  passed  laws  with  the  design  and 
with  the  effect  of  embarrassing  and  preventing 
the  operation  of  that  clause  of  the  Constitution 
and  of  the  laws  of  Congress,  passed  in  accord- 
ance therewith,  in  regard  to  the  reclaiming  of 
fugitive  slaves,  thus  trampling  on  one  of  the 
clearest  and  valued  rights  secured  to  the  South 
by  the  Constitution  and  laws  ;  and 


OP   THE   STATE   OF   LOUISIANA. 


11 


Whereas,  the  election  of  Abraham  Liacolii, 
and  Hanibal  Hamlin,  to  the  Presidency  and 
Vice  Presidency,  has  given  cause  of  alarm  to 
all  the  citizens  of  the  South,  and  requires  their 
determined,  vigorous  and  united  action  to  the 
principles,  which  it  is  believed  will  guide  their 
administration. 

^Vhereas,  the  rights  of  the  South  have  been 
iavaded.  their  opinions  outraged,  and  our  insti- 
tutions imperilled  by  the  triumph  and  attitude 
of  a  sectional  party  ;  and  whereas,  the  danger 
which  presents  itself  to  us,  is  one  we  share  in 
common  with  all  the  slaveholding  Stales,  and 
appears  in  a  shape  which  forbids  us  to  separate 
ourselves  at  the  present  perilous  juncture,  from 
the  other  slaveholding  States,  but,  on  the  con- 
trary, impels  and  requires  us  to  tender  to.  them 
our  own,  and  to  seek  their  sympathy  and  co- 
operation ;  and 

Whereas,  the  time  has  come  which  demands 
prompt  and  vigorous  action  on  the  part  of  the 
South,  to  assert  and  maintain  her  rights,  and 
to  proclaim  to  the  world  that  she  will  no  longer 
eubmit  to  the  evils  which  environ  her  ; 

Be  it  ordained  bi/  this  Conventton,  That  all  slave- 
holding  States,  or  as  many  of  them  as  will  unite 
therein,  be  and  they  arc  hereby  invited  and  re- 
quested to  assemble  in  Convention  at  Nashville. 
in  the  State  of  Tennessee,  on  the  25th  daj'  of 
February  next,  and  if  it  should  not  lie  practi- 
cable to  meet  then  and  there,  then  at  as  early  a 
day  thereafter  as  may  be  i)racticablc,  and  at 
Buch  place  or  places  as  may  be  determined 
upon,  to  take  into  consideration  the  relations 
which  the  slaveholding  States  shall  hereafter 
occupy  to  the  General  Government  and  the 
other  States  of  this  Union  ;  and  also  to  fix  upon 
and  determine  what  amendments  of  the  Consti- 
tution of  the  United  States  arc  necessary  and 
proper  to  secure  the  rights  of  the  slaveholding 
States  of  the  Union,  and  to  finally  settle  and 
adjust  all  questions  relating  to  the  subject  of 
slavery,  in  such  manner  as  will  relieve  the 
South  from  the  further  agitation  of  that  ques- 
tion, secure  the  people  of  the  slaveholding 
States  in  the  peaceful  and  rightful  enjoyment 
of  their  property,  and  restore  that  cfiuilibrium 
in  the  organization  of  the  Government,  essen- 
tial to  a  further  continuance  of  this  Union. 

Be  it  further  Ordained,  That  in  the  event  such 
amendments  of  the  Constitution  of  the  United 
States,  and  such  measures  for  the  protection  of 
Southern  Slaves  States,  shall  not  be  made  and 
acceded  to  by  the  people  of  the  non-slavehold- 
ing  States  promptly,  then  said  Convention  shall 
upon  the  call  of  the  President  thereof,  re-assem- 
ble, and  shall  forthwith  organize  a  separate 
Confederacy  of  the  slaveholding  States,  repre- 
sented in  said  Convention,  and  such  others  as 
may  join  therein  ;  and  said  Convention  shall 
proceed  to  form  a  Provisional  and  Temporary 
Government  for  said  Confederacy,  to  continue 
until  an  election  for  Delegates  can  !./e  held  for 
a  Convention  and  a  permanent  Constitution  be 
adopted  thereby,  for  the  Government  of  the 
same. 

Be  it  further  Ordained,  That  six  Delegates  to 
said  Coavention,  to  be  held  on  the  twenty-fifth 


day  of  February  Dext,_or  at  as  early  a  day  after- 
wards, as  practicable,  or  at  Buch  place  or  places 
as  may  be  agreed  upon  by  said  slaveholding 
States,  as  hereinbefore  provided  for,  be  chosen 
by  this  Convention  to  represent  the  State  of 
Louisiana  therein  ;  and  that  all  the  slavehold- 
ing States  be  requested  to  appoint  a  number  of 
Delegates  equal  to  the  number  of  their  Senators 
and  Representatives  in  the  Congress  of  the 
United  States,  to  represent  them  in  said  Con- 
vention. 

Be  it  further  Ordained,  That  the  Governor  of 
this  State  be  required  to  furnish,  confidentially 
the  Governors  of  each  of  the  slaveholding  States 
with  a  copy  hereof,  with  a  request  that  the  same 
be  laid  before  their  several  Legislatures  and 
Conventions  now  in  session,  and  if  no  Legisla- 
ture or  Convention  bo  in  session,  that  they  be 
requested  to  convene  their  Legislature,  to  con- 
sider and  act  upon  the  propositions  herein. 

Mr.  Fuqua  submitted  the  following  preamble 
and  ordinance  as  a  substitute  for  the  report  of 
the  committee  of  fifteen,  which,  after  being 
read,  was  ordered  to  be  printed  : 

AX   (IKDINAXCE. 

Whereas,  the  bond  of  Union  between  the  se- 
veral States  is  the  Constitution  of  the  United 
States  ;  and  whereas  this  Constitution  has  been 
violated  by  a  majority  of  the  Northern  States, 
in  their  legislative  action,  denying  to  the  peo- 
ple of  the  Southern  States  their  Constitutional 
rights  ;  and  whereas,  a  sectional  party  known 
as  the  Black  Republicans,  has  recently  elected 
Abraham  Lincoln  and  Hannibal  Hamlin  to 
the  Presidency  aid  Vice  Presidency  of  the 
United  States,  upon  the  avowed  principles  that 
the  Constitution  of  the  United  States  does  not 
recognize  property  in  slaves,  that  the  Govern- 
ment should  prevent  the  extension  of  slavery 
into  the  common  territory,  and  that  all  the 
powers  of  the  Government  should  be  so  exer- 
cised as  in  time  to  abolish  this  institution  wher- 
ever it  exists  :  Therefore,  be  it 

lie-^olvcd,  hit  the  peopU  of  Louisiana  in  Convention 
asscmJjltd,  That  the  State  of  Louisiana  cannot, 
and  will  not,  submit  to  the  Administration  of 
Lincoln  and  Hamlin,  as  President  and  Vice 
President  of  the  United  States,  upon  the  prin- 
ciples referred  to  tn  the  foregoing  preamble. 

Be  it  further  Resolved,  That  any  attempt  by  the 
Federal  Government,  or  tthers,  to  coerce  any 
State  that  has  seceded,  or  may  hereafter  secede 
from  the  Union,  will  bo  regarded  by  Louisiana 
as  an  -act  of  war  upon  all  the  slaveholding 
States,  and  will  absolve  the  State  from  all  alle- 
giance to  the  Federal  Government,  and  that  in 
such  an  emergency.Louisiana  will  make  commoa 
cause  with  the  State  attacked,  and  resist  such 
coercive  measures  with  all  the  force  at  her  com- 
mand. 

Be  it  further  Resolved,  That  this  Convention, 
desirous  of  co-operating  with  all  our  sister 
slaveholding  States,  accepts  the  invitation  of 
the  State  of  Alabama  to  meet  them  in  council, 

and  for  this  purpose  will,  on  the  day  of 

January,  1861,  elect  six  delegates  to  the  Con- 
vention called  by  Alabama  at  Montgomery,  oa 
the  fourth  day  of  February  next. 


12 


JOURNAL   OP  THE  CONVENTlOI^ 


Be  il  further  Resolved,  That  the  delegates  thus 
chosen  are  hereby  instructed  to  urge  upon  said 
Convention  to  enter  at  once  upon  the  formation 
of  a  Federal  Union  for  the  slaveholding  States, 
and  such  other  .States  as  may  unite  -with  them  ; 
and  that,  in  the  formation  of  this  Government, 
they  arc  instructed  to  take  as  their  guide  the 
Constitution  of  the  United  States,  and  to  con- 
form as  nearly  as  possible  to  it,  only  incorpo- 
rating such  changes  as  may  be  necessary  to 
adapt  it  to  our  present  condition,  and  to  secure 
a  distinct  recognition  of  the  right  of  property 
in  slaves,  and  of  the  master  to  own  and  control 
his  slave  wherever  the  jurisdiction  of  this  Gov- 
ernment extends. 

Be  it  further  Resolved.  That,  as  the  representa- 
tives of  the  people  of  Louisiana,  we  take  this 
opportunity  to  assure  the  people  of  those  States 
lying  upon  the  Mississippi  river  and  its  tribu- 
taries, that  it  is  not  the  purpose  of  Louisiana 
in  any  event  to  obstruct  or  embarrass  the  free 
navigation  of  that  stream. 

Be  it  further  Resolved,  That  when  this  Conven- 
tion adjourns,  it  will  adjourn  to  meet  in  the 
State  Capitol,  at  Baton  Ronge,  on  the  28th  day 
of  February,  1861,  at  12  o'clock  M.,  and  that 
our  Delegates  to  the  Convention  at  Montgome- 
ry are  herebj^  reciuested  to  report  their  action  to 
this  Conveutiou  at  that  time,  for  their  approval 
or  rejection. 

Mr.  Bienvcnu,  after  a  suspension  of  the  rules 
first  granted,  asked  and  obtained  leave'to  intro- 
the  following  resolution,  which,  after  being 
read,  was,  on  motion  of  Mr.  AVilkiuson,  ordered 
to  be  printed. 

Resolved,  That  M'hatever  be  the  action  of  this 
Convention  on  the  question  whether  or  not  this 
State  ought  to  secede  from  the  Union,  it  shall 
have  no  effect  until  the  same  shall  have  been  ra- 
tified by  the  vote  of  a  majority  of  the  people  at 
the  ballot  box. 

Resolved,  That  in  the  meantime,  and  as  a  mani- 
festation on  the  part  of  the  State  of  Louisiana,  of 
her  determination  not  to  separare  her  cause 
from  that  of  her  sister  States  of  the  South,  and 
of  her  desire  not  to  show  herself  too  precipitate 
in  adopting  so  momentous  a  step  as  that  which 
shall  rend  asunder  the  ties  that  bind  her  to  the 
rest  of  the  Confederacy — her  Senators  and  Re- 
presentatives in  the  Congress  of  the  United 
States  be  instructed  to  leave  their  seats  and 
return  to  their  constituents. 

REPORT    FROM     THE    COMMm'EE    ON    RULES. 

Mr.  Provosty,  on  behalf  of  the  Committee  to 
whom  had  been  referred  the  revising  and  draft- 
ing rules  for  the  government  of  the  Convention 
reported  that  the  committee  recommend  the 
adoption  by  the  Convention  of  the  rules  of  the 
existing  House  of  Representatives  of  the  State 
of  Louisiana,  with  the  following  modifications 
and  amendments  : 

That  the  words  "  House,''  "  Bills,''  and 
"  Speaker,"  be  replaced  wherever  found  in  the 
above  rules,  by  the  words  "  Convention,"  "  Re- 
solution," "  Ordinance,''  and  '•  President." 

That  the  words  '•  Notices  of  bills  shall  be 
given  and  bills  presented  by  the  members"  be 
etricken  out  from  Rule  30th. 


That  the  last  part  of  Rule  31st  shall  read  as 
follows.    The  order  of  the  day  shall  be  .• 

1  The  unfinished  business  in  v^'hich  the  Con- 
vention was  engaged  at  its  last  adjournment. 

2.  The  special  order  of  the  day. 

'^.  Ordinances  and  resolutions  iu  the  order  in 
which  they  have  been  presented  in  the  Conven- 
tion. 

That  in  Rule  33d,  the  words  "They  shall  not 
te  debated  and  decided  on  the  day  of  their 
being  first  read,"  be  stricken  out. 

That  Rule  Go  shall  be  as  follow;^,  viz  : 

After  a  resolution  shall  have  been  adopted  by 
the  Convention,  it  shall  be  engrossed  in  a  fair 
hand,  and  after  examination  and  report  by  the 
Committee  on  Enrollment,  shall  be  signed  by 
the  President  and  Secretary. 

That  the  words  '•  when  not  acting  in  Com- 
mittee of  the  whole"  be  stricken  out  from  Rule 
69. 

And  this  committee  fiually  recommend  the  re- 
jection by  this  Convention  of  the  following 
rules :  No.s.  32,  34,  43,  45,  4G,  47,  48,  49,  50.  51, 
52,  53.  54.  55.  5C,  57,  58,  59.  GO,  61,  63,  64,  G5, 
GG,  07,  68,  71,  78,  80.  82,  83.' 

Oil  motion  by  Mr.  Polk,  the  rules  reported  by 
the  committee  were  ordered  to  be  printed. 

Mr:  Moore,  on  behalf  of  the  select  committee, 
appointed  to  wait  on  the  Commissioners  of 
Alabama  and  South  Carolina,  informed  the  Con- 
vention that  the  committee  had  peifovmed  their 
duty,  and  that  said  Commissioners  were  re.tdy 
to  be  admitted  in  the  Convention. 

Subsequently  Mr.  Moore  introduced  to  the 
Convention  the  Hon.  J.  A.  "Winston,  Commis- 
sioner from  the  State  of  Alabama,  and  the  Hon. 
John  L.  Planning  Commissioner  from  the  State 
of  South  Carolina,  who  were  received  by  the 
Convention  standing,  and  were  conducted  to 
the  platform,  where  they  took  sSats  on  the  right 
of  the  President. 

Mr.  Michel  submitted  to  the  Convention  a 
communication  from  Mr.  John  T.  Monroe, 
Mayor  of  the  city  of  New  Orleans,  enclosing 
preamble  and  resolutions  adopted  by  the  Com- 
mon Council  of  New  Orleans,  inviting  the  State 
Convention  to  adjourn  to  New  Orleans,  and 
agreeing  to  provide  them,  free  of  expense,  with 
a  suitab.e  hall  for  their  didiberatiousand  neces- 
sary committee  rooms. 

Oa  motion  by  the  same  member,  the  above 
communication  was  ordered  to  lie  over. 

Mr.  Herron  submitted  the  following  resolu- 
tion, which  was  ordered  to  lie  over. 

liesolccd,  That  a  committee  of  five  be  appoint- 
ed lo  examine  the  rooms  tendered  by  the  Board 
of  Administrators  of  the  Deaf  and  Dumb  Asy- 
lum, for  the  use  of  the  Convention,  and  that 
they  be  requested  to  report  on  to-morrow  morn- 
ing whether  the  same  will  or  will  not  aflbrd 
ample  accommodations  for  holding  the  sittings 
of  ihe  Convention. 

On  motion  by  Mr.  Lawrence,  the  Con-^-ention 
proceeded  to  the  election  of  printer. 

Mr.  Estlln  nominated  Mr.  J.  0.  Nixon  of  the 
New  Orieans  Crescent. 

Mr.  Marks,  of  Orleans,  nominated  Mr.  Lcovy 
of  the  New  Orleans  Delta. 


OF   THE    STATE   OF   LOUISIANA, 


13 


And  Mr.  Texada  nomiaatcd  Mr.  J.  M.  Taylor, 
of  the  Baton  Rouge  Advocate. 

Before  proceeding  to  ballot  Mr.  Tappan  with- 
drew the  uanie  of  Mr.  Lcory. 

Mr.  Marks  of  Caddo,  withdrew  the  name  of 
Mr.  Taylor. 

On  motion  of  Mr.  Miles.  Mr.  J.  O.  Nixon  of 
the  New  Orleans  Crescent  was  elected  by  accla- 
mation Printer  of  the  Convention. 

Mr.  Bu.sb,  with  a  suspension  of  the  rules  first 
granted,  asked  and  obtained  leave  to  introduce 
the  following  resolution : 

Eciolve .'.  By  the  people  of  ths  State  of  Loui- 
siana, in  Convention  assembled,  That  the  thanks 
of  this  Convention  are  hereby  tendered  to  His 
Excellency  Thomas  0.  Moore.  Governor  of  the 
Btate  of  Louisiana,  for  the  prompt  and  energe- 
tic mea.sures  by  him  adopted  in  taking  posses- 
sion of  the  Forts,  Arsenals,  and  munitions  of 
war  under  the  control  of  the  Federal  Govern- 
ment within  the  limits  of  the  State  of  Louisiana; 
his  acts  are  hereby  unqualifiedly  approved,  and 
we  will  defend  them  here  and  elsewhere,  with 
all  the  power  and  means  at  our  command. 

The  same  member  moved  Tor  the  adoption  of 
said  resolution,  which  motion  was  secondeJ  by 
Mr.  Ilorron. 

Mr.  Fuqua  moved  to  suspend  action  on  taid 
resolution  until  the  Governor  communicates  to 
the  Convention. 

On  motion  by  Mr  Hodge,  Mr  Bush's  reaolutfon 
was  ordered  to  lie  on  the  table  subject  to  call. 

Mr.  Walker,  on  the  part  of  the  committee  ap- 
pointed to  wait  upon  His  E.vcellency,  the  Gov- 
ernor and  inform  him  that  the  Convention  had 
met,  and  inquire  whether  he  has  any  communi- 
cation to  make  to  this  body,  reported  that  the 
committee  had  performed  their  duty. 

MICSSAGE    FROM    TUK    GOVEUKUK. 

Mr.  E.  \V.  Halsey,  Private  Secretary  of  His 
Bx'cellency  Thomas  0.  Moore,  Governor,  deli- 
vered tlie  following  communication  : 

ExEaxiVE    OlKICK,  I 

Baton  Rouge.  La.  Jan.  24,  1861.  \ 
To  the  Honorable  the  President  and  Members, 
oftlie  Louisiana  State  Convention  : 
GentK-men — I  have  the  honor  to  enclose  to 
you  herewith  a  copy  of  my  annual  message  to 
the  LoJiisiana  Legislature  for  j-'our  considera- 
tion— this  being  the  o::ly  communication  I  am 
at  present  prepared  to  make. 
Yerv  respectfully, 

i'our  obedient  servant, 

THOMAS  0.  MOORE, 
Governor  of  the  State  of  Louisiana. 

MESSAGE. 

Gcntlemou  of  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  L;Hiisiana. 
My  opinions  on  the  momentous  questions 
which  have  convulsed  and  are  destroying  the 
Federal  Union,  were  fully  expressodin  my  Mes- 
pagc  at  the  recent  extra  session  of  the  Legisla- 
ture. Your  prompt  action  showed  how  do-pIy 
you  were  moved  by  tht  portents  of  the  times— 
the  threatened  destruction  of  essential  rights 
and  most  vital  interests  of  the  slaveholding 
States  under  the  forms  of  a  perverted  Constitu- 
tion— and  by  the  absolute  duty  of  seeking  at 


once  for  the  means  of  self-protection.  The  vote 
of  the  people  has  since  confirmed  the  faith  of 
their  Representatives,  in  legislative  and  execu- 
tive station,  that  the  undivided  sentiment  of 
the  State  is  for  immediate  and  effective  resist- 
ance, and  that  tliere  is  not  found  within  her 
limits  any  difference  of  sentiment,  except  as  to 
minor  points  of  expediency  in  regard  to  the 
manner  and  time  of  making  such  resistance,  so 
as  to  give  it  the  most  imposing  form  for  dignity 
and  success.  Our  enemies,  who  have  driven  on 
their  conflict  wiih  the  slaveholding  States  to 
this  extremity,  will  have  found  that  throughout 
the  borders  of  Louisiana  we  are  one  people — a 
people  with  one  heart  and  one  mind — who  will 
not  be  cajoled  into  an  abandonment  of  their 
right.*,  and  who  cannot  be  subdued. 

Whatever  lingering  hopes  might  have  been 
felt  by  confiding  men  of  the  South,  that 
these  dissentions  would  be  healed  by  the  volun- 
tary act  of  the  people  of  the  North,  within  the 
Union,  have  disapperaed  under  the  accumulat- 
ing proofs  that  the  Northern  majority  is  im- 
placable. No  proffer  of  peace  on  any  terms  has 
emanated  from  them.  The  propositions  tender- 
ed by  the  most  moderate-minded  and  Union- 
loving  statesmen  of  the  South — not  as  express- 
sing  the  whole  measure  of  right?  to  which  the 
Southern  people  are  entitled,  but  as  a  project 
for  conciliation  to  which  they  might  be  brought 
to  consent  for  the  old  love  of  Union,  which  was 
the  passion  of  Southern  hearts — have  been  con- 
tumeliously  rejected. 

The  common  cry  throughout  the  North  is  for 
coercion  into  submission,  by  force  of  arms,  if 
need  be,  of  every  State,  and  of  all  the  States  of 
the  South,  which  claim  the  right  of  separation, 
for  cause,  from  a  Government  which  they  deem 
fatal  to  their  safefy.  There  can  no  longer  be 
doubt  of  the  wisdom  of  that  policy  which  de- 
mands that  the  conflict  shall  come,  and  shall  be 
settled  now. 

The  sovereign  people  ol  this  State  have  so  de- 
creed, and  within  a  few  hours  the  Delegates  will 
meet  in  Convention,  to  put  this  judgment  into  a 
form,  from  which  there  will  be  no  right,  and  no 
disposition  within  the  State,  to  appeal.  Being 
executed  by  an  unanimous  and  willing  people, 
it  will  be  entitled  to  the  respect  of  the  world, 
and  the  acquiesehcc  of  all  powers  and  authori- 
ties whatsoever. 

But  it  has  been  made  apparent  by  the  course 
of  events  elsewhere,  by  the  intentions  of  those 
having  authority  in  the  Federal  Government, 
as  developed  in  their  treatment  of  other  States, 
which  occupy  the  same  relations  towards  those 
questions  as  Louisiana,  that  this  right  of  inde- 
pendent action  will  be  obstructed  by  force. 
The  hostile  occupation  of  Fort  Sumter,  in  tho 
harbor  of  Charleston,  for  the  purpose  of  over- 
awing the  State  of  South  Carolina,  subduing 
her  to  che  will  of  the  Federal  authorities,  and 
collecting  taxes  from  her  people  by  force,  is  one 
glaring  example  of  the  modes  by  which  a  Sou- 
thorn  State  may  be  subjected  to  duress.  The 
bafHod  attempts  to  reinforce  that  fortress  are  of 
the  same  character  of  aggressive  purpose  as  the 
subsequent  occupation  of  Fort  Pickens,  in  the 


14 


JOURNAL   OF   THE  CONVENTION 


harbor  of  Pensacola,  in  order  to  keep  the  State 
of  Florida  ia  forced  connection  with  a  repudiat- 
ed Government.    At  the  same  time  that  these 
acts  of  extraordinary  rigor  in  ag<2;ression  are 
practiced  towards  the  South,  the  Northern  po- 
pulace of  Pennsylvania  are  permitted  to  defeat 
the  action  of  the  Federal  authorities  at  Pitts- 
burg,   by  forbidding  the  transmission   of  the 
public  property  to  its  designated  points  iu  the 
South,  on  grounds  oi  hostility  to  the  South,  to 
which  dictation  the  intimidated  authorities  suc- 
cumbed.    Warned  by  these  acts,   aud   the  uni- 
form tenor  of  hostile  language   employed  in 
Congress  against  free  action  iu  the  South,  and 
the  uniform  assertion  of  the  doctrine  of  passive 
obedience  in  the  manifestoes  of  the  Executives 
of   Northern   States,    and  tlie   open    menaces 
that  the  iucoming  Administration  would  carry 
out   the   same  tyrannical  purposes  with  even 
more  rigor,  I  determined  that  the  State  of  Loui- 
siana should  not   be   left   unprepared  for  the 
emergency.     She  has  a  long  and  exposed  fron- 
tier, on  which  the  Federal  Government  posses- 
ses fortresses  capable  of  being  used  for  the  sub- 
jugation  of   the    country,    and  to   annul    the 
declared  will  of  the  people.    Near  this  capitol, 
where  the  Delegates  of  the  sovereign  people  are 
about  to  assemble,  was  a  military  depot,  capa- 
ble in  uascrupalous  hands,  of  being  employed 
for  the  purpose  of  overawing  aud  restraining 
the  deliberations  of  a  free   people.     On  these 
grounds,  respecting  the   manifest    will  of  the 
people,  and  to  the  end  that  their  deliberations 
shall  be  free,  and  their  action  supported  by  the 
full   possession  of  the  whole  territory  of  the 
State,  I  decided  to  take  poisession  of  the  mili- 
tary posts  and   munitions  of  war   within    the 
State,  as  soon  as  the  necessity  of  such  action 
should  be  developed  in  my  mind.     Upon  infoi-- 
mation  which  did  not  leave  me  in  doubt  as  to 
my    public   duty,  and   which    convinced    me, 
moreover,  that  prompt  action  was  the  more  ne- 
cessary in  order  to  prevent  a  collision  between 
the  Federal  troops  and  the  people  of  the  State, 
I  authorized  these  steps  to  be  taken,  and  they 
were  accomplished  without  opposition  or  diffi- 
culty. In  so  doing,  I  was  careful  to  confine  my- 
self to  such  acts  as  were  necessary  to  effect  the 
object  with  the  greatest  certainty  and  the  least 
risk  of  violence. 

In  accordance  with  an  arrangement  entered 
into  with  the  Commanding  OfiBcer,  in  the  pre- 
sence of  a  force  too  large  to  be  resisted.  Baton  j 
Rouge  Barracks  and  Arsenal,  with  all  the  Fe-  ! 
deral  property  therein,  were  turned  over  to  me 
on  the  11th  and  12th  instant,  and  on  the  13th 
the  Federal  troops  departed.  About  the  same 
time  the  State  troops  occupied  Fort  Pike,  on 
the  Rigolets,  and  Forts  Jackson  and  St.  Philip, 
on  the  Mississippi  river,  and  such  other  disposi- 
tions were  made  as  seemed  necessary  for  t^Jie 
public  safety.  Receipts  were  given  in  all  in- 
stances for  the  property  found,  in  order  to  pro- 
tect the  officers  who  were  dispossessed  and  to 
facilitate  future  settlement 


F.r  the  necessary 
expenses  I   have   drawn  on  tlie  appropriation 

made  by  the  last  Legislature  for  military  pur-  '  jouroed  until  to-morrow  at  10  o'clock,  A.  M. 
poses.    A  detailed  report  of  these  proceedings  |  J.  T.  WHEAT,  Secy 


and  of  the  expenses  incurred  will  be  laid  before 
you  in  a  few  days. 

With  a  full  sense  of  the  responsibility  I  have 
assumed,  tlie  whole  subject  is  respectfully  sub- 
mitted to  the  Legislature. 

Mr.  McFarhmd  submitted  the  following  reso- 
lution, which  was  adopted : 

I^esolved.  By  this  Convention,  that  William 
Bloomfield,  P.ist-master  of  the  House  of  Repre- 
sentatives, be  and  he  is  hereby  appointed  Post- 
master of  this  body  during  its  sessions  at  this 
place,  and  that  ho  shall  perform  all  the  duties 
properly  belonging  to  said  office. 

On  motion  by  Mr.  Wilkinson,  Mr.  Bush's  re- 
solution approving  the  course  of  the  Governor 
in  taking  popsessiou  of  the  forts,  arsenals  and 
munitions  of  war  situated  within  the  limits  of 
the  State  was^  taken  up,  and,  on  a  further  mo- 
tion by  the  sume  member  to  adopt  said  resolu- 
tion, seconded  by  Mr.  Herron, 

Mr.  Davidson  called  for  the  yeas  and  nays. 
They  were  ordered,  and  being  taken,  resulted 
as  follows,  to  wit  : 

Yeas  :  Mes:  rs.  Adams,  Anderson,  Aveguo, 
Barbin,  Barro.v,  Bermud-jz,  Bienvenu,  Bonford, 
Bonner,  Briscoe,  Burton,  Bush,  Butler,  Cald- 
well, Cannon.  Carr,  Clark,  Cook,  Conm  Uy, 
Coaaor  of  Concordia,  Connor  of  St.  Taram  my, 
Davidson  of  Liringstou,  Davidson  of  Sabine, 
Dcclouet,  D  Blanc,  Dorsey,  Duflfel,  Dupre, 
Flam,  Elgee,  Estlin,  Fusilier,  Fuqua,  Gladden, 
Gardere,  Ga;:det,  Graves,  Gray,  Gill,  Girard, 
Griffin,  Hercuidez,  Herron,  Hodge,  Hodges, 
HoUingsworl  1,  Johnson,  Kennedy,  Kidd,  Laba- 
tut,  Lawrence,  Lagroue,  LeBlanc.LeBourgeois, 
Lewis  of  Bienville,  Lewis  of  Claiborne,  Lewis 
of  Orleans,  M.uming,  Marshall,  Marrero,  Marks 
of  Caddo,  Maries  of  Orleans,  Martin  of  Assump- 
tion, Martin  i.f  Carrol,  Magee,  Melancon,  Miles, 
Michel,  Miller,  Moore,  McCloskey,  McColJom, 
McFarland,  McNeely,  Norton,  Olivier,  O'Bryan, 
Patterson,  Pirkins  of  Lafourche,  Perkins  of 
Madison,  Perl: ins  of  Orleans.  Peck,  Peraberton, 
Pierson  of  Natchitoches,  Pike,  Polk,  Pope, 
Provosty,  Pugh,  Richardson,  Roman,  Roselius, 
Slawson,  Smart,  Swayze,  Semmes,  Stewart, 
Sparrow,  Sompayrac,  Scott  of  Claiborne,  Scott 
of  East  Feliciana,  Smith,  Tappan,  Talbot,  Tay- 
lor of  St.  Ciiarles,  Taylor  of  St.  Landry,  Tex- 
ada,  Thomasson,  Todd,  Towles,  Tucker,  Valen- 
tine, Verret,  \V  arren,  Walker,  Williams  of  East 
Baton  Rouge.  Williamson,  Wilkinson,  Wiltz 
and  York — 119  yeas.  • 

Nays  :  Messrs.  Meredith,  Pierson  of  Winn, 
Rozier,  Stocker  and  Taliaferro — 5  nays. 

Mr.  Roseliuus  asked  and  obtained  leave  to 
have  his  reasons  for  voting  in  the  afSrmativo 
spread  on  the  journal : 

"  In  my  opinion,  the  conduct  oT  the  Governor 
was  justified  for  the  reasons  assigned  in  his 
message  to  the  Convention.  I  give  this  reason 
for  voting  ye;>.  C.  ROSELIUS." 

Mr.  Rozier  ','ave  notice  that  on  to-morrow  ha 
will  give  his  reasons  for  voting  in  the  negative. 
So  Mr.  Bush's  resolution  was  adopted. 
On  motion  by  Mr.  Estliu,  the  Convention  ad- 


OP   THE   STATE   OF   LOUISIANA. 


15 


Fridat,  January  25,  1860. 

The  Convention  met  pursuant  to  adjourn- 
ment. 

Present :  Hon.  A.  Mouton,  President,  in  the 
chair,  and  120  Delegates. 

Pending  the  reading  of  the  Journal  of  yester- 
day, on  motion  of  Mr.  Marks,  of  Orleans, 
the  reading  of  the  record  of  votes  for  Assistant 
Secretary  was  dispensed  with. 

On  motion  of  Mr.  Moore,  it  was  ordered  that 
for  the  future,  the  recording  of  the  names  of 
the  Delegates  answering  to  roll-call  should  be 
ommittcd,  it  being  only  necessary  to  state  the 
number  so  answering  as  being  present. 

The  President  of  the  Convention  then  an- 
nounced the  standing  committees,  as  follows, 
tIz  : 

1.  On  Citizenship  of  Louisiana  :  Tho?.  H. 
Kennedy,  chairman  ;  E.  Lawrence,  \V'.  R.  Peck, 
A.  Talbot,  N.  McCollum,  S.  IloUingsworth,  W. 
M.  Perkins  of  Orleans.  A.  M.  Gray,  T.  Johnson. 
H.  McFarland  and  Felix  Lewis. 

2.  On  Judiciary  and  Federal  Jurisdiction, 
and  property  in  Louisiana :  P.  E.  Bonford, 
chairman ;  B.  L.  Ilodge,  Louis  Bush.  A.  Dc- 
Blanc,  C.  C.  Briscoe,  B.  S.  Tappan,  J.  B.  Elam. 
W.  IL  Hough,  C.  L.  Swayzo.  H.  Richardson  and 
C.  Roselius. 

3.  On  Commerce.  Revenue  and  Navigation: 
T.  J.  Semmes.  chairman  ;  M.  0.  H.  Norton.  R. 
W.  Estlin,  F.  Gardere.  J.  Pemberton,  T.  C.  Man- 
ning, L.  P.  Conner  of  Concordia,  L.  Texada,  G. 
L.  Fuselier,  B.  Avegno  and  W.  S.  Pike. 

4.  On  Postal  Affairs:  A.  Walker,  chairman; 
E.  Bermudez,  M.  E.  Girard.  A.  S.  Ilerron.  W. 
M  Kidd.  F.  Labatut.  R.  C.  Martin  of  Assump- 
tion, J.  A.  Rozicr,  E.  C.  Davidson  of  Sabine, 
S.  W.  Dorsey,  L  N.  Marks  of  Orleans. 

5.  On  State  Constitution  and  Protection  of 
Private  Rights:  J.  G.  Oliver,  chairman;  R. 
Taylor  of  St.  Charles.  A.  B.  Roman.  C.  D. 
Stewart,  R.  B.  Todd.  T.  A.  Cook,  T.  W.  Scott  of 
East  Feliciana.  J.  J.  Michel.  M.  Valentine.  Y. 
W.  Graves.  L.  D.  Marks  of  Caddo. 

6.  On  Military  and  NavaP  Aflairs  :  R.  Tay- 
lor of  St.  Charles,  chairman;  B.  G.  W.  Butler. 
H.  Marshall.  J.  Garrett,  R.  Hodges,  J.  Mc- 
Closky  D.  O'Bryan,  A.  H.  Gladden,  W.  Burton. 
W.  M.  Smith.  W.  D.  Anderson. 

7.  On  Formation  of  a  Southern  Confederacy: 
John  Perkins.  Jr.,  of  Madison,  chairman;  H. 
Marshall,  J.  Moore.  G.  L.  Fusrlier.  A.  "Walker, 
E.  Sparrow.  J.  A.  Taylor  of  St.  Landry,  J.  L! 
Lewis  of  Claiborne,  A.  H.  Gladden,  L.  J. 
Dupre,  T.  C.  Manning. 

8.  On  Finance  and  Contingent  Expenses: 
B.  L.  Hodge,  ehairnian;  F.  Gardere,  Z.  York.  J. 
H.  Martin  of  Carroll.  N.  W.  Pope.  J.  B.  Slawson, 
A.  Provosty.  T.  J.  Caldwell,  J.  M.  Williamson. 
J.  K.  Elgee,  R.  Taylor  of  St.  Charles. 

9.  On  Foreign  Relations:  Ed.  Sparrow,  chair- 
man; A.  Declouet.  P.  E.  Bonford.  J.  J.  Michel. 
J.  Perkins,  Jr.,  of  Madison.  AV.  R.  Miles.  L. 
Texada,  C.  L.  Swayze.  W.  C.  Carr,  L.P.  Conner 
of  Concordia.  A.  S.  Herrou. 

10.  On  Patents:  M.  E.  Girard.  chairman;  W. 
R.  Adams,  F.  Cannon,  J.  E.  Miller,  J.  0.  Fuqua. 


11.  On  Enrollment :  P.  S.  Wiltz,  chairman, 
F.  Gardere,  C.  Bienvenn,  J.  Pemberton,  A.  De- 
Blanc. 

The  following  additional  oflBcers  of  the  Con- 
vention, were  appointed  by  the  President,  viz: 
A.  M.  Perrault,  Sergeant-at-Arms. 
J.  R.  T.  Hyams,  Warrant  Clerk. 
Emile    Wiltz,    Albert    Fabrc,    Translating 
Clerks. 
William  Simmons.  Door-keeper, 
James  Kirby,  Page. 

Hon.  C.  M.  Conrad  was,  on  motion  of  Mr. 
Miles,  invited  to  take  a  scat  on  the  floor  of  the 
Convention. 

The  hour  having  arrived  for  the  formal  intro- 
duction and  reception  of  Hon.  J.  L.  Manning, 
the  duly  accredited  Commissioner  from  South 
Carolina,  and  the  Hon.  J.  A.  Winston,  the 
duly  accredited  Commissioner  from  Alabama  ; 
they  were  conducted  to  the  floor  of  the  Con- 
vention by  Mr.  Conner,  of  Concordia,  whf^n 
being  presented  to  the  Convention  in  their 
official  capacity,  respectively  addressed  the 
Convention  on  the  object  of  their  mission,  and 
presented  their  credentials,  and  the  State 
Documents  with  which  ihey  were  charged, 
into  the  hands  of  the  President  of  this  Con- 
vention. 

Mr.  Elgee  then  presented  an  address  to  the 
Convention  of  the  State  of  Louisiana,  from  the 
Honorables  John  Slidell,  J.  P.  Benjamin,  John 
M.  Landrnm  and  T.  G.  Davidson,  at  Washington 
City,  which  was  read  to  tlie  Convention;  and. 
on  motion  by  Mr.  Elam.  2500  copies  of  said 
address  were  ordered  to  be  printed. 

Mr.  Perkins,  of  Madison,  then  called  np  the 
special  order  of  the  day,  it  being  the  considera- 
tion of  '•  An  Ordinance  of  Secession.*"  reported 
by  him,  as  Chairman  of  the  Committee  of 
Fifteen. 

Mr.  Rozier  then  addressed  the  Convention 
upon  the  subject  of  the  ordinance  submitted  by 
him  as  a  substitute  for  the  ordinance  reported 
by  the  Committee  of  Fifteen.  After  which,  the 
ordinance  submitted  by  Mr.  Rbzier  l>eing  read, 
preparatory  to  the  vote  being  taken,  on  motion 
of  Mr.  Briscoe,  a  call  of  the  House  was  had, 
when  128  Delegates  were  found  to  be  present. 
Whereupon  Mr.  Cottman  called  for  the  yeaa 
and  nays,  which  resulted  as  follows: 

Messrs.  Bermudez,  Bienvenn,  Clark,  Cook, 
Connelly,  Conner  of  St.  Tammany.  Cottman, 
Davidson  of  Sabine,  Duffel.  Garrett,  Gill, 
Hough,  Lewis  of  Orleans,  Meredith.  McCollum, 
Patterson,  Pierson  of  Winn,  Roselius.  Rozier, 
Smart.  Stockcr,' Taliaferro,  Verret,  Williams — 
24  yeas. 

Mcs.«r.«.  Adams.  Anderson,  Avegno,  Barbin, 
Barrow,  Bonford,  Bonner,  Briscoe,  Burton. 
Bush.  Butler,  Caldwell,  Cannon,  Carr,  Conner, 
Davidson  of  Livingston,  Declouet,  DeBlanc, 
Dorsey.  Dupre,  Elam,  Elgree,  Estlin.  Fuselier, 
Fuqua,  Gladden,  Gardere.  Gaudet.  Graves.Gray, 
Giriird,  Griffin.  Hernandez.  Herron.  Hodge, 
Hodges,  Hollingswortb,  Johnson,  Kennedy, 
Kidd,  Labatut,  Lawrence,  Lagroue,  LeBlanc, 
LeBourgeois,  Lewis  of  Bienville,  Lewis  of  Clai- 


16 


JOURNAL   OF   THE  CONVENTION 


borne,  Manning,  Marshall,  Marrero,  Marks  of 
Caddo,  Marks  of  Orleans,  Martin  of  Assump- 
tion, Martin  of  Carroll,  Magee,  Melan^ou,  ^liles, 
Micliel,  Miller,  Moore,  Mouton,  McClosky,  iMc- 
Farland,  McXcely.  Norton,  Olivier,  O'Bryan. 
Perkins  of  Lafourche,  Perkins  of  Madison.  Per- 
kins of  Orleans,  Peck,  Penibcrtou,  Picrson  of 
Natchitoches,  Pike,  Polk, Pope.  Provosty.  Pagh, 
Richardson,  Roman.  Slawson,  Swayze.  Semmes, 
Stewart,  Sparrow,  Sompayrac,  Scott  of  Clai- 
borne, Scott  of  East  Feliciana,  Smith,  Tappan, 
Talbot,  Taylor  of  St.  Charles,  Taylor  of  St. 
Landry,  Texada,  Thomasson,  Todd,  Towles, 
Tucker,  Valentine,  Warren,  Walker.  Williams 
of  East  Baton  Rouge,  Williamson,  Wilkinson, 
Wiltz  and  York — lOG  nays — consequently  the 
said  ordinance  was  lost. 

Mr.  Fucjua  then  called  for  the  reading  of  the 
ordinance  submitted  by  him  as  a  substitute  for 
the  ordinance  reported  by  the  Committee  of 
Fifteen,  and  addressed  the  Convention  there- 
upon. 

After  which,  on  motion  of  Mr.  Kidd,  the 
Convention  adjourned  to  meet  again  at  six 
o'clock,  P.M. 

EVENIXG   SESSIOX. 

The  Convention  met  pursuant  to  adjourn- 
ment, at  G  o'clock  P.  M. 

Present  :  Hon.  A.  Mouton,  President. 
It  being  perfectly   apparent  that  there  was 
a  quorum  of  the   Convention   present,  on  mo- 
tion of  Mr.  Richardson,  the  calling  of  the  roll 
was  dispensed  with. 

On  motion  of  Mr.  Lewis,  of  Claiborne,  Mr. 
Fuqua's  ordinance,  then  under  consideration, 
was  read,  and,  on  motion  of  Mr.  Herrou,  the 
yeas  and  nays  were  called  for  upon  the  adoption 
of  said  substitute,  which  resulted  as  follows,  viz: 
Messrs.  Bermudez,  Bienvenu,  Bush,  Clark, 
Cook,  Connelly,  Conner  of  St.  Tammany,  Cott- 
man,  Davidson  of  Sabine.  DuO'el,  Fuqua,  Gar- 
dere,  Garrett,  Gaudet,  Herrou,  Hough,  Hol- 
lingsworth,  Lagroue,  LeBlanc,  LeBourgeois. 
Lewis  of  Claiborne.  Lewis  of  Orleans,  Martin  of 
Assumption,  Magee,  Melangou,  Meredith,  Mc- 
CuUom.  Patterson,  Perkins  of  Lafourche,  Pier- 
son  of  Winn,  Pike,  Polk,  Pope,  Pagb,  Roman, 
Roselius,  Rozier,  Sompayrac,  Scott  of  Claiborne, 
Scott  of  East  Feliciana,  Stocker,  Thomasson, 
Tucker,  Verret,  Walker,  Williams  o^  I'^ast  Baton 
Rouge,  Williams  of  St.  Helena— 47  yeas. 

Messrs.  Adams,  Anderson,  Avegnu,  Barbin, 
Barrow,  Bonford,  Bonner,  Briscoe,  Burton, 
Butler,  Caldwell,  Cannon,  Carr,  Conner  of  Con- 
cordia, Davidson  of  Livingston,  Declouet,  De- 
Blanc,  Dorsey,  Dupre,  Elam,  Elgee,  Estlin, 
Fuselier,  Gladden,  Graves,  Gray,  Gill,  Girard. 
GrifQn,  Hernandez,  Hodge,  Hodges,  Johnston, 
Kennedy,  Kidd,  Labatut,  Lawrence,  Lewis  ol 
Bienville,  Manning,  Marshall,  Marrero,  Marks 
of  Caddo,  Marks  of  Orleans,  Martin  of  Carroll, 
Miles,  Michel.  Miller,  Moore,  Mouton,  McClosky, 
McFarland,  McNeely,  Norton,  Olivier,  O'Bryan, 
Perkins  of  Madison,  Provosty,  Richardson, 
Blawson,  Swayze,  Stewart.  Sparrow,  Smith, 
Tappan,  Talbot,  Taliaferro,  Taylor  of  St.  Lan- 
dry Texada,  Todd,  Towles,  Valentine,  Warren, 


Williamson,  Wiltz  and  York — 73  n»ys— and 
therefore  the  said  substitute  was  lost. 

Mr.  Bienvenu  called  up  the  resolution  ofi'er«d 
by  him  on-  yesterday,  which  being  read,  he 
withdrew  them,  and  submitted  instead  the  fol- 
lowihg  resolution,  which  he  offered  as  a  sub- 
stitute : 

Resolved,  That  M'hatever  the  action  of  this 
Convention  on  the  question  whether  or  not  this 
State  ought  to  secede  from  the  Union,  it  shall 
have  no  effect  until  the  same  shall  have  been 
ratified  by  the  vote  of  the  majority  of  the  people 
at  the  ballot-box,  and,  to  this  effect,  an  election 
shall  be  held  at  the  various  election  precincts 
of  the  State,  cu  the  25th  day  of  February  next, 
under  the  regulations  -arid  laws  now  in  force  in 
regard  to  the  election  of  State  officers.  Those 
voting  for  the  ordinance  shall  indwrse  on  their 
tickets  "Ratification;"  and  those  voting  against 
it  Lhc  words  "  No  Ratification."  The  Governor 
shall  publish  a  proclamation  duly  notifying  the 
people  of  the  holding  of  said  election,  and  or- 
dering the  Sheriffs  of  the  several  pnrishea  of 
tl\is  State  to  cause  an  election  to  be  held  under 
the  existing  laws. 

Mr.  Lewis,  of  Claiborne,  then  moved  to  ad- 
journ, but  said  motion  was  withdrawn  at  the 
request  of  Mr.  Kidd,  who  offered  the  following 
resolution,  which,  on  being  put  to  the  Conven- 
tion, was  passed  : 

Resolved,  That  the  Auditor  of  Public  Accounts 
be  authorized  to  pay  the  warrants  of  the  dele- 
gates and  officers  to  this  Convention,  when  they 
are  countersigned  by  the  President  of  the  Con- 
vention and  the  Chairman  of  the  Committee  on 
Contingent  Expenses. 

The  following  ordinance  was  then  introduced 
by  Mr.  Polk,  which  was  ordered  to  lie  over 
under  the  rules  : 

Be  U  oi-dained  by  the  Convention  of  the  State 
of  Louisiana,  in  Convention  assembled,  that 
the  action  of  this  Convention,  in  passing  the 
ordinance  which  is  to  dissolve  the  connection 
of  the  State  of  Louisiana  with  the  other  States 
of  the  Federal  Union,  is  net  to  be  understood 
as  abandoning  to'the  other  States,  v.hich  may 
not  secede,  its  rightfnl  claim  to  the  property 
and  territory  now  held  in  common  by  the  United 
States  of  America. 

AVhereupon,  on  motion  by  Mr.  Perkins,  of 
Madison,  the  Convention  adjourned  until  to- 
morrow morning  at  9  o'clock. 

J.  T.  WHEAT,  Secretary. 


Saturday,  January  26,  ISfil. 

The  Convention  met  pursuant  to  adjourn- 
ment. 

Present :  Hon.  A.  Mouton,  President,  and 
119  delegates. 

Pending  the  reading  of  the  journal,  on 
motion  by  Mr.  Provosty,* the  reading  of  the 
names  of  the  standing  committees  v/ere  dis- 
pensed with. 

The  journal  of  yesterday's  sessions  of  tho 
Convention  was  approved. 

Mr.  Provosty  submitted  the  following  reso- 
lution ; 


OF  THE   STATE   OF   LOUISIANA. 


17 


Resoked,  That  this  Conrention  accepts  the 
proposition  of  the  Common  Council  of  the  city 
of  New  Orleans,  and  that  when  it  adjourns  to- 
day, it  will  adjourn  to  meet  in  New  Orleans  on 
Tuesday  ne.xt.  the  2fuh   instant.    And 

Rejoiced  furlhcr.  That  a  committee  of  three 
he  appointed  by  the  President  of  this  Conven- 
tion to  confer  with  the  .said  Council  of  New 
Orleans  as  to  the  location  and  all  necessary 
arrangements  for  this  Convention. 

Mr.  Moore  moved  lo  amend  the  foregoioc; 
resolution  by  inserting  instead  of  the  words 
••  to-day  "  the  words  "  the  ?>llth  of  this  month." 

Which  amendment,  on  motion  by  Mr.  F^lam. 
was  ordered  to  lie  on  the  table. 

Mr.  Fuqua  offered  as  a  aubstitut'*  fur  Mr. 
Provosty-s  resolution,  a  motion  tliut  a  com- 
mittee of  five  be  appointed  to  examine  tlie 
Methodist  churcli  of  this  place,  which  was  ten- 
dered to  the  use  of  the  Convention,  and  report 
on  its  fitness  for  such  purpose. 

A  call  for  the  original  qu'^stion.  Mr.  Pro- 
voPty's  resolution,  being  made.  Mr.  Ilerron. 
demanded  the  yeas  and  nays  thereon,  which  re- 
sulted as  fullowK  : 

Mes.=rs.  Adams.  Aveirno.  Barrow,  Bermudez, 
Bienrenu.  Bonford.  Briscoe,  Burton.  Butler, 
('aldwell.  Cannon.  Clark.  Cook.  Connelly.  Con- 
ner of  ^t.  Tammany,  Cottman.  Declonet.  De 
]51anc,  Dorsey,  Dutfel,  Dnpre,  K.stlin.  Kiiselier, 
Gladden,  Garrett,  Girard.  Hernandez,  Hodge. 
Kennedy,  Labatut,  Lawrence,  Lagroup.  Lewis 
of  Claiborne,  Manning.  Marshall.  Marrero. 
Marks  of  Caddo.  Marks  of  Orleans.  Martin  of 
Assumption.  Martin  of  Carroll,  Magee.  Melan- 
oon,  Meredith,  Milc^  Michel.  Miller.  McCloskey. 
McCoUom,  McFarland,  McNeely.  Norton.  ()li- 
Tier.  Perkins  of  Lafourche.  I'erkius  of  .Madison. 
Perkins  of  Orleans,  Peck,  Pemberton,  Pierson 
of  Winn.  Polk.  Provosty.  Pugh,  Roselius,  Uo- 
zier.  Slawson.  Smart,  Swayze.  Semracs,  .Stewart, 
Sparrow,  Sompayrac.  Scott  of  Claiborne, 
Stocker.  Tajtpau.  Talbot.  Taliaferro.  Taylor  of 
St.  Charles.  Taylor  of  St.  Landry.  Thomasson, 
Towles.  Tucker.  N'alentine,  Verret.  Walker. 
Williamson.  Wilkinson,  Wiltz  and  York — 87 
yeas. 

Messrs.  Barbin.  Bonner,  Bu.sh,  Carr,  Conner, 
Davidson  of  Livingston,  Davidson  of  Sabine, 
Klam,  Elgee,  Puqna,  G:irdere,  Graves.  Gray, 
Griffin,  Herron.  Kough,  Hodges.  ITollingsworth. 
Kidd.  LeBlanc,  LeBourgeois,  Lewis  of  Bien- 
ville, Lewis  of  Orleans,  Moore,  O'Bryan,  Pat- 
terson. Pier.son  of  Natchitoches.  Pike.  Pope. 
Richardson.  Roman.  Scott  of  East  Feliciana. 
Smith,  Te.xada,  Todd.  Warren,  Williams  of 
V.A%i  Baton  Rouge,  Williams  of  St,  Helena — 
.^S  nays. 

C'onsequently  Mr.  Provosty's  resolution  wa« 
adopted. 

Mr.  Fu((ua  then  called  up  the   substitute   of- 


Committee  on  Judiciary  and  Federal  Jurisdic- 
tion and  Property  in  Louisiana.  Which  was 
carried. 

^[r.  Fuqua's  call  for  the  yeas  and  nays, 
which  being  tiien  ordered  resulted  as  follows  : 
Met-srs,  Bermudez,  Bienvenu.  Bush,  Clark. 
Connelly.  Conner  of  St.  Tammany.  Cottmau, 
Davidson  of  Sabine.  Duffel.  Fuqua,  Garderc. 
Garrett.  Gaudet.  Ilerron.  Hough,  T.,agrouo,  Le 
Blanc,  LeBinirgeois.  I.,ewis  of  Claiborne,  Lewis 
of  ()rl  ans,  .Martin  of  Assumption,  Magee,  ^[e- 
lancon,  Meredili).  McCollom.  Patterson.  Per- 
kins of  Lafourche,  J'icrson  of  Natchitochp?, 
Pearson  of  Winn.  Pike,  Polk.  Pugh. 
Roman.  Roselius,  Rozier,  Sompayrac, 
Scott  of  Claiborne.  Scott  of  East  Feliciana. 
Stocker.  Taliaferro.  Thonjas.«on.  Tucker.  Verret. 
Williams  of  Fast  Baton  Rongp.  Williams  of 
St.  Helena     43  yeas. 

Messrs.  Adams.  Anderson.  Avegno.   Barbin. 
Barrow,    Bonford.    Bonner.    Rri.«coe,     Burton, 
Butler,  Caldwell.  Cannon.  Carr,  Cook.    Conner, 
of   Concordia.    Davidson     of    I^ivingston.    De- 
clonet. DeBlanc,  Dorsey.  Dupre.    Elara,    Elgee. 
Estlin,  Fuselier.  (Jladdeu.  Graves.  Gray,    Gill, 
(rirard,   GriJTin.    ILrnandez,    Hodge,  llodges, 
Hollingsworth.  Johnston.  Kennedy,    Kidd,  La- 
batut, Lawrence,  Lewis  f>f  Bienville.  Manning. 
Marshall.  .Marrero.  Marks   of  Caddo.  Marks   i>t 
Orleans.  Martin  of  Carroll.  Miles.  Michel. Miller, 
.Moore.  McClo.=key,  McFarland.   McNeely.  Nor- 
ton.  Olivier.   ()"Bryan.    f'erkins    of    Madi.'jon. 
Perkins   of  Orleans.  Peck.    Pemberton.    Pope. 
Provosty.  Richard.-i»n,  Slawson,  Smart.  Swayze. 
Semmes.   Stewart.    Sparrow.    Sm  th.     Tapjian. 
Talbot,   Taylor   of  St.   Charles.  Taylor   of  St. 
Landry,   Texada,     Todd.    Towles.  "Valentine. 
Warren.  Walker.  Williamson.  Wilkinson,  Wiltz 
and  York — S4  nays. 
Therefore,  the  said  substitute  was  lost. 
Mr.  Perkins  then  called  up  the  following  or- 
dinance of  Rf^cession.  reported  by  him  as  t."  air- 
man of  the  Committee  of  Fifteen  : 
AN  ORDINANCE  to   difsolve   the   union   be- 
tween the  State  of  Louisiana  and  other  States, 
united  with   her  under  the  compact  entitled 
••  The  Constitution  of  the   United  States  of 
America  :'" 

We.  the  people  of  the  Slate  of  Ijouitiana.  in  Con^ 
vention  afsemhUd.  do  declnre  and  ordain,  and  il  it 
herthg  declared  and  ordained.  That  the  ordinance" 
passed  by  us  in  Convention  on  the  iiild  day  of 
November,  in  the  year  ISH.  whereby  the  Con- 
stitution of  the  United  States  of  America  and 
the  amendments  of  the  said  Constitution  were 
adopted  ;  and  all  laws  and  ordinances  by 
which  the  State  of  Louisiana  became  a  member 
of  the  Federal  Union,  be  and  the  same  are  hereby 
repealed  and  abrogated  :  and  that  the  union 
now  subsisting  between  Louisiana  and  other 
States,  under  the  name  of   '•  The  United  States 


fered   by  Mr.  Bienvenu.  for   his   resolution    to '  of  America."  is  hereby  dissolved. 


refer  the  action  of  this  Convention  on  the  Or 
dinance  of  Secession  to  the  people,  and  de- 
manded the  yeas  and  nays  thereupon. 

Mr.  Perkins  of  Madibon.  having  first  asked 
and  obtained  leave,  moved  to  refer  the  ordi- 
nance offered  by  Mr.  Polk,  on  yesterday,  to  the 

C 


We  do  further  dfdare  and  ordain.  That  the  State 
of  Louisiana  hereby  refuraes  all  rights  and 
powers  heretofore  delegated  to  the  Govern- 
ment of  the  United  States  of  America  ;  that 
her  citizens  are  absolved  from  all  allegiance  to 
said  Governmeat :  and  that  she  is  in  full  po»- 


18 


JOURNAL   OF  THE  CONVENTION 


Bession  and  exercise  of  all  those  rights  of  sover- 
eignty which  appertain  to afree  and  independent 
State. 

We  do  further  declare  and  ordain,  That  all  rights 
acquired  and  vested  under  the  Constitution  of 
the  United  States,  or  any  act  of  Congress,  or 
treaty,  or  under  any  law  of  this  State,  and  not 
incompatible  with  this  ordinance,  shall  remain 
in  force,  and  have  the  same  effect  as  if  this  ordi- 
nance had  not  been  passed. 

Mr.  Lewis,  of  Claiborne,  asked  that  he,  to- 
gether with  those  who  might  desire  it,  elected 
on  the  co-operation  ticket  as  Delegates  to  this 
Convention,  be  allowed  to  retire  and  consult 
together  as  to  the  action  they  would  take  on 
tde  ordinance  of  recession  reported  by  the  Com- 
mittee of  Fifteen. 

Mr.  Perkins,  of  Madison,  withdrew  his  call  for 
the  yeas  and  nays,  and.  on  motion  by  Air.  Dupre, 
the  leave  asked  for  was  granted  until  1  o'clock, 
allowing  an  interval  of  twenty  minutes. 

On  the  return  of  the  Delegates  to  their  seats, 
and  at  1  o'clock,  the  Convention  was  called  to 
order,  when  Mr.  Lewis,  of  Claiborne,  asked  that 
the  co-operative  Delegates,  as  their  respective 
names  are  called,  might  be  allowed  to  express 
their  reasons  for  the  vote  they  might  give  on 
the  ordinance  of  secession. 

The  call  for  the  yeas  and  nays  by  Mr.  Perkins 
of  Madison,  heretofore  ordered,  being  now  re- 
newed, was  had  and  resulted  as  follows,  viz  : 

Messrs.  Adams,  Anderson,  Avegno,  Barbin, 
Barrow,  Bermudez,  Bonford,  Bonner,  Briscoe, 
Burton,  Bush,  Butler,  Caldwell,  Cannon,  Carr, 
Clark,  Cook,  Connelly,  Conner  of  Concordia, 
Conner  of  St.  Tammany,  Davidson  of  Livings- 
ton. Davidson  of  Sabine,  Declouet,  DeBlanc, 
Dorsey,  Duffel,  Dupre,  Elam,  Elgee,  Estlia, 
Fuselier,  Fuqua,  Gladden,  Graves.  Gray,  Gill, 
Girard,  Griffin,  Hernandez,  Herron,  Hodge, 
Hodges,  HoUingsworth,  Johnson,  Kennedy, 
Kidd,  Labatut,  Lawrence,  Lagroue,  LeBlanc, 
Lewis  of  Bienville,  Lewis  of  Claiborne,  Plan- 
ning, Marshall,  Marrero,  Marks  of  Caddo, 
Marks  of  Orleans,  Martin  of  Assumption,  Mar- 
tin of  Carroll,  Magee.  Miles,  Michel,  Miller, 
Moore,  McCloskey,  McCollom,  McFarland. 
McNeely,  Norton,  Olivier,  O'Bryan,  Patterson, 
Perkins  of  Lafourche,  Perkins  of  Madison,  Per- 
kins of  Orleans,  Peck,  Pemberton,  Pierson  of 
Natchitoches,  Pike.  Polk,  Pope,  Provosty,  Pugh, 
Richardson,  Slawson,  Smart,  Swayze,  Semmes, 
Stewart,  sparrow,  Sorapayrac.  Scott  of  Clai- 
borne. Scott  of  p]ast  Feliciana,  Smith.  Tappan. 
Talbot,  Taylor  of  St.  Charles,  Taylor  of  St. 
Landry,  foxada.  Thoraasson,  Todd,  Towles. 
Tucker.  Valentine.  Warren,  Walker,  Williams, 
of  East  Baton  Rouge.  Williams  of  St.  Helena, 
Williamson,  Wilkinson,  V/iltz  and  York — 
112  yeas. 

Messrs.  Bienvenu.  Cottman,  Gardere,  Garrett, 
Gaudet,  Hough.  LeBourgeois,  Lewis  of  Orleans, 
Melangon,  Meredith,  Pierson  of  Winn,  Roman, 
Roselius,  Rozier,  Stocker,  Taliaferro,  Verret — 
17  nays. 

On  motion  by  Mr.  Moore,  the  rules  were  sus- 
pended, and  the  President   of  the  Convention, 


Hon.  A.  Mouton.  was  permitted  to  give  his 
vote  on  the  adoption  of  the  ordinance,  which 
he  accordingly  did  in  the  affirmative,  making 
the  resuH  as  follows,  viz  ;  113  yeas  to  17  nays. 
The  whole  number  of  votes  cast  being  130. 

Upon  the  result  of  the  vote  just  taken  being 
announced,  the  President  then  proclaimed  the 
following  declaration  : 

"  In  virtue  of  the  vote  just  announced,  I  now 
declare  the  connection  between  the  State  of 
Louisiana  and  the  Federal  Union  dissolved, 
and  that  she  is  a  free,  sovereign,  and  indepen- 
dent power.-' 

Upon  the  declaration  of  this  proclamation, 
the  bar  of  the  house  was  removed,  and  His 
Excellency,  Thomas  O.  Moore,  Governor  of 
the  Independent  State  of  Louisiana,  entered 
upon  the  floor,  preceded  by  the  Flag  of  the 
State,  and  took  position  on  the  platform  of  the 
President,  whereupon  prayer  was  pronounced 
by  Rev.  W.  E.  H.  Lingfield.  and  the  Flag  was 
blessed,  according  to  the  rites  and  forms  of  the 
Roman  Catholic  Church  by  Father  J.  Hubert. 
On  motion  by  Mr.  Perkins  of  Madison,  the 
following  resolution,  reported  by  him  as  chair- 
man of  the  Committee  of  Fifieen,  was  then 
called  up.  and  unanimously  adopted  . 

Resolved,  That  we,  the  people  of  the  State  of 
Louisiana,  recognize  the  right  of  the  free  navi- 
gation of  the  Mississippi  river  and  its  tributa- 
ries by  all  friendly  States  bordering  thereon. 
And  we  also  rscognize  the  right  of  egress  and 
ingress  of  tnc  mouths  of  the  Mississippi  by  all 
friendly  States  and  Powers  ;  and  we  do  hereby 
declare  our  willingness  to  enter  into  any  stipu- 
lations to  guarantee  the  exercise  of  said  rights. 

Mr.  Perkins  of  Madison,  then  moved  that  the 
Convention  proceed  to  sign  the  Ordinance  of 
Secession,  the  President  of  the  Convention 
first,  and  the  delegates  in  the  order  of  the  oc- 
currence of  their  respective  names  on  the  roll 
of  the  Convention,  which  was  adopted. 

The  President  having,  then,  first  affixed  his 
signature  to  the  Ordinance  of  Secession,  the 
roll  was  called,  and  the  delegates  in  order  to 
to  the  number  of  121.  also  signed  their  names, 
respectively,  to  the  said  ordinance. 

The  President  then  appointed  the  following 
named  persons  as  enrolling  clerks  ;  George  P. 
Childress,  Francis  Boismare,  M.  0.  LeBlanc. 

The  President  then  appointed  on  the  Com- 
mittee of  Arrangements,  comprehended  in  tha 
heretofore  adopted  resolution  of  Mr.  Provosty, 
.Messrs.  Provosty.  Michel  and  Clark. 

Mr.  Moore  then  offered  the  following  resolu- 
tion, which  on  motion,  was  adopted . 

Be^dved.  That  the  President  of  this  Conven- 
tion be  autliorized  and  requested  to  appoint  a 
Commissioner  in  behalf  of  Louisiana  to  thti 
State  of  Texas. 

Mr.  Peck  offered  the  following  resolution  : 

Resolved.  That  a  certified  copy  of  the  Ordi- 
nance of  Secession  be  transmitted  by  the  Presi- 
dent to  our  Senators  and  Members  of  Congress. 

And,  on  motion  of  Mr.  Declouet,  the  fore- 
going resolution  was  amended  by  including 
'•  the  Governors  of  all  the  Southern  States,'" 


OF  THE   STATE   OF  LOUISIANA. 


19 


which,  being  accepted  by  Mr.  Peck,  and  the 
qaestion  recurring  upon  the  resolution  as 
amended,  it  was  adopted. 

On  motion  hy  Mr.  Barbin,  it  -wap  ordered  that 
Mr.  Bloomfield,  Sr.,  Postmaster,  be  authorized 
to  forward  all  letters,  etc..  that  may  arrive 
here  addressed  to  the  delegates  to  the  Conven- 
tion to  New  Orleans. 

On  motion  by  Mr.  Briscoe,  the  following  res- 
olution was  then  adopted  : 

Resolved,  That  the  sum  of  one  hundred  dol- 
lars be  paid  out  of  the  contingent  fund  of  the 
Convention  to  Oscar  Arroyo,  Esq.,  for  his  ser- 
vices as  acting  Secretary  of  this  Convention 
before  the  same  was  organized. 

On  motion  by  Mr.  O'Bryan.  il  was  ordered 
that  a  committee  of  five  be  appointed  by  the 
President  to  notify  the  Governor  of  the  State, 
Lieutenant-Governor,  and  Speaker  of  the 
House  of  Representatives,  of  the  passage  of 
the  Ordinance  of  Secession. 

The  President  then  appointed  on  said  com- 
mittee the  following  named  delegates  : 

Messrs.  O'Bryan.  Butler,  Taylor  of  St.  Lan- 
dry. Girard  and  Melantjou. 

Mr.  Barbin  offered  the  following  resolution, 
which  was,  on  motion,  adopted  : 

Resdved,  Toat  the  sum  of  fifty  dollars  be 
paid  out  of  the  contingent  fund  of  the  Conven- 
tion to  James  Welsh,  Assistant  Secretary  of 
the  Convention  before  its  organization ;  and 
that  the  further  sum  of  one  hundred  dollars  be 
appropriated  out  of  the  same  fund,  to  be  di\  i- 
ded  among  the  pages  employed  during  the 
Hession  of  the  Convention  at  Baton  Rouge. 

On  motion  by  Mr.  Lawrence,  the  Convention 
then  adjourned  to  meet  in  New  Orleans  on 
Tuesday  next,  the  29th  inst..  at  10  o'clock,  A.  M. 
J.  T.  WHEAT,  Secretary. 


Tt'ESDAY,  January  29,  18G1. 

This  being  the  day  fixed  by  the  Convention  at 
Baton  Rouge,  on  which  it  should  meet  in  New 
Orleans,  the  Convention  assembled  according  to 
adjournment  at  the  City  Hall. 

Hon.  A.  Mouton  in  the  chair  and  113  delegates 
present. 

The  Convention  was  opened  with  prayer  by 
Rev.  Dr.  Palmer, 

The  minutes  of  last  meeting  having  been 
read,  they  were  approved  without  objection. 

It  being  past  the  hour  for  the  regular  busi- 
ness, the  President  called  up  the  report  of  stan- 
ding committees. 

Mr.  Provosty  introduced  a  report  on  behalf 
of  the  Committee  of  Arrangements,  and,  on 
motion,  it  was  ordered  to  lie  on  the  table  sub- 
ject to  call. 

Mr.  Elgee,  moved  that  all  report^ relative  to 
Federal  Affairs  be  presented  with  closed  doors, 
but  accepted  the  amendment  of  Mr.  Walker, 
that  this  matter  should  be  left  to  the  discretion 
of  the  chairman  of  each  committee. 

The  motion  thus  amended  was  adopted. 

On  motion  of  Mr.  Moore,  the  foil  Dwing  resolu- 
Uoa  was  then  adopted,  \\z  : 


Resolved,  That  a  committee  of  three  dele- 
gates be  appointed  to  receive  and  introduce  the 
Commissioners  from  other  States  that  may  be 
accredited  to  this  Convention. 

The  President  appointed  on  said  committee 
Messrs.  Moore  Conner  of  Concordia,  and  Roman. 

The  report  of  the  Committee  on  Judiciary 
being  called  up,  its  chairman,  Mr.  Bonford, 
stated  that  it.  as  yet.  had  no  report   to  make. 

Mr.  Perkins,  as  chairman,  submitted  the  fol- 
lowing ordinance,  reported  on  behalf  of  the  Com- 
mittee on  the  Formation  of  a  Southern  Confed- 
eracy : 

AN  ORDINANCE  to  provide  for  the  appoint- 
ment of  Delegates  to  a  Convention  to  form 

a  Southern  Confederacy. 

We  the  peopU  of  Loumana,  in  Convenlion  atsem- 
hled,  do  declare  and  ordain,  and  it  is  hereby  declared 
and  ordained. 

1st.  That  this  Convention  will,  on  the  30th 
day  of  January  instant,  at  the  hour  of  12  M., 
proceed  to  elect  by  ballot  six  delegates,  two 
from  the  State  at  large,  and  one  from  each  Con- 
gressional District,  to  represent  this  State  in 
the  Convention  of  seceding  States  proposed  to 
be  held  at  Montgomery,  in  the  State  of  Ala- 
bama, on  the  fourth  day  of  February,  ISCl.  for 
the  purpose  of  securing  concerted  and  har- 
monious action,  and  also  of  forming  a  Provis- 
ional Goverment  for  those  States  which  have 
seceded  and  which  may  secede,  and  intend  to 
lorm  a  Southern  Confederacy. 

2d.  That  the  said  delegates  be  instructed  to 
aid  in  forming  a  Provisional  Government  on  the 
basis  of  the  Constitution  of  the  United  States 
for  such  States  as  have  seceded  or  may  iecede, 
to  be  established  and  put  in  operation  before 
the  fourth  day  March,  14=61,  and  that  the  same 
Convention  of  seceding  States  shall  proceed 
forthwith  to  consider  and  propose  a  Constitution 
and  plan  for  a  permanent  Government  for  such 
States,  which  proposed  plan  shall  be  referred 
back  to  the  several  State  Conventions  for  their 
adoption  or  rejection. 

3d.  That  this  Convention  accepts  the  recom- 
mendation of  the  State  of  South  Carolina,  that 
each  State  be  entitlod  to  one  vote  in  the  said 
Convention  upon  all  questions  which  may  be 
voted  upon  therein  ;  and  that  each  State  send 
as  many  delegates  as  are  equal  in  number  to 
the  number  of  Senators  and  Representatives  to 
which  it  was  entitled  in  the  Congress  of  the 
United  States. 

4th.  That  if  from  anycause  the  said  Convention 
should  not  assemble  at  the  time  and  place  above 
mentioned,  then,  and  in  that  event,  the  said  dele- 
gates be,  and  they  are  hereby  accredited  to  any 
Convention  of  seceding  States  which  may  meet 
at  any  other  time  and  place,  having  for  its  ob- 
ject the  formation  of  a  Government,  and  th« 
establishing  of  a  Confederacy,  as  hereinbefore 
prescribed,  and  which  may  adjourn  to  meet  at 
any  other  time  and  place. 

Mr  Perkins  then  asked  the  privilege  and  was 
permitted  to  read  the  following  joint  letter 
from  the  commissionerB  from  South  Carolina 
and  Alabama  : 


20 


JOURNAL   OP   THE   CONVENTION 


Baton  Houoe,  Jan.  25.  1861.      ) 
Hon.  A.  Mouton,  President  of  the  Conveation  :  j 

Sir — Permit  us  to  correct  an  omiesiou  on  our 
part  iu  addressing  the  Convention  iu  one  par-  I 
licular.  The  States  of  South  Carolina,  Ala- 
bama, Georgia,  Florida  and  Mississippi  have  ; 
named  the  4th  day  of  February.  1861,  as  the  j 
time  for  the  assemblajje  of  the  Convention  of  | 
the  States  which  have  and  may  diFSolve  their  ; 
connection  with  the  Govermnent  of  the  United  | 
iStates.  and  the  place,  Montgomery,  Ala. 

Many  important  questions  wi'll  necesserily  | 
come  up  immediately  upon  the  assemblage  of  ■ 
that  body  for  its  consid'-ration.  upon  which  it  j 
will  be  very  desirable  for  the  State  of  Louisiana  : 
to  be  heard,  and  her  influence  felt  and  recog-  : 
nized.  It  is  ot  paramount  importance  that  ! 
many  measures  shall  be  acted  on  with  all  dis-  ' 
patch  possible.  i 

Prominent  amongst  others  will  be  an  early  • 
communication  with  foreign  nations,  and  a  con-  j 
sequent  recognition  by  them  of  the   new  Con-  ! 
federacy.     Allow  us  too  to  express  a  hope  thai  j 
should  the  State  of  Louisiana  place   herself  in  ; 
line  with  the  States  which  have  aQnounced  their  I 
purpose  of  forming  a  Southern  Confederacy,  she  ' 
may  appreciate    the  imperious   importance   of 
having  her  voice  heard  at  the  very  commence- 
ment of  the  deliberations  of  the  Southern  Con- 
vention, and  that   delegates  be   appointed   by 
the    Convention    over  which   you    preside,  in 
time  to  meet  us. 

Very  respectfully,  your  ob't  eerv'ts, 

JOHN  A.  WINSTON. 
JOHN  L.  MANNING. 

Mr  Perkins,  of  Madison,  moved  to  postpone 
any  action  upon  the  report  of  the  committee  on 
the  formation  of  a  Southern  Confederacy,  until 
copies  of  said  report  were  printed,  and  that  it 
be  made  the  especial  order  of  business  at  4 
o'clock,  P.  M.  which  motion  was  adopted. 

Mr.  Semmes  then  moved,  as  chairman  of  the 
Committee  on  Commerce  and  Navigation, 
that  the  doors  of  the  Convention  be  closed 
before  the  reading  of  his  report,  which  was 
carried. 

The  Convention  then  went  into  secret  session, 
and  remained  in  session  until  3  o'clock,  P.  M., 
when,  on  motion  the  doors  having  been  opened, 

Oa  motion  by  Mr.  Estlin,  the  Convention  ad- 
journed to  meet  again  at  6  o'clock,  P.  M. 

EVENLVG   SE.S.SI0N. 

The  Convention  met  pursuant  to  adjonrnmeut_ 

Present :  Hon.  A.  Mouton   and  98   delegates. 

The  anfinished  business  being  called  up  Mr. 
Semmes  moved  that  the  house  be  cleared,  and 
that  the  Convention  go  into  secret  session, 
which  was  adopted. 

The  Convention  accordingly  went  into  secret 
session,  and  remained  sitting  until  8  o'clock. 

When,  on  motion  of  Mr.  Lawrence,  the  doors 
of  the  House  were  opened. 

The  ordinance  reported  by  Mr.  Perkins  of 
Madison,  as  chairman  of  Committee  on  the 
Formation  of  a  Southern  Confederacy,  was  then 
taken  up,  eectioa  bj  section. 


The  -first  section  being  read,  Mr.  Walker 
moved  to  amend  by  striking  out  of  third  line, 
first  section  all  after  the  word  "delegaie.s.''  to 
the  words  "to  represent"  in  fourth,  line  making 
it  read  as  follows." 

1.  That  this  Convention  will,  on  the  30th  day 
of  January  instant,  at  the  hour  of  12  M.,  pro- 
ceed to  elect  by  ballot  six  delegates,  to  repre- 
sent this  State  in  the  Convention  of  the  seceding 
States,  proposed  to  be  held  at  Montgomery,  in 
the  State  of  Alabama,  on  the  fourth  day  of 
February,  ISGl,  for  the  purpose  of  securing 
concerted  and  harmonious  action,  and  also  of 
forming  a  Provisional  Government  for  those 
States  which  have  seceded,  and  which  may 
secede,  and  intend  to  form  a  Southern  Confede- 
racy. 

Mr.  Kidd  moved  td  lav  this  amendment  on 
the  table. 

Mr.  Walker  demanded  the  yeas  and  nays, 
which  resulted  as  follows :  Yeas,  74;  nays,  32. 

Therefore  the  said  amtindment  was  ordered 
to  lie  on  the  table. 

Mr.  McCoUom  offered  to  amend  the  same 
section  by  striking  out  the  word  '-sect'ding," 
and  inserting  the  word  "Southern,"  in  the  fifth 
line  ;  and  striking  out  the  words  '-have  seceded 
and  which  may  secede  and  intend,'"  and  insert- 
ing the  word  "intend,"  making  the  said  section 
read  as  follows  viz  : 

1.  That  this  Convention  will,  on  the  30th  day 
of  January  instant,  at  the  hour  of  12  M..  pro- 
ceed to  elect  by  ballot  six  delegates,  tvo  from 
the  State  at  large,  and  one  from  each  Congress- 
ional Di.strict,  to  represent  Ihe  State  in  the 
Convention  of  Southern  States  proposed  to  be 
held  at  Montgomery  iu  the  State  ot  Alabama, 
on  the  fourth  day  of  February,  18()l,for  the  pur- 
pose of  securing  concerted  and  harmonious 
action,  and  also  of  forming  a  Provisional  Gov- 
ernment for  those  States  which  intend  to  form  a 
Southern  Confederacy. 

On  motion  by  Mr.  Sparrow.  Mr.  McCoUom's 
amendment  was  laid  on  the  table. 

Mr.  Herron  then  moved  the  following  amend- 
ment: 

And  that  those  Southern  States  which  have 
not  seceded  ,  be  invited  to  send  delegates,  for 
the  purpose  of  consulting  in  said  Convention 
with  the  delegates  of  the  States  which  have 
seceded. 

Which  amendment,  on  motion  by  Mr.  Hodge, 
was  laid  on  the  table. 

The  question  recurring  upon  the  section  as 
originally  offered,  it  was,  on  motion  by  Mr. 
Semmes,  adopted. 

The  second  section  being  next  in  order,  Mr. 
Hough  offered  to  amend  the  same  by  striking 
out  all  after  the  word  "secede"  in  the  fourth 
line,  all  of  the  fifth  line,  and  the  words  ''the 
same"  in  the  sixth  line,  and  insert  the  word 
'•such.''  making  tlie  said  second  section  read  as 
follows . 

2.  That  the  said  delegates  be  instructed  to 
aid  in  forming  a  Provisional  Go\  ernment  on 
the  basis  of  the  Constitution  of  the  United 
States,  for  such  States  as  have  seceded  or  mav 


OF   THE   STATE   OP   LOUISIANA. 


21 


secede,  and  that  euch  Convention  of  seceding 
States  shall  proceed  forthwith  to  consider  and 
propose  a  Couptitution  and  plan  for  a  Perma- 
nent Government  foi  such  States,  which  pro- 
posed plan  shall  be  referred  back  to  the  several 
State  Conventions  for  their  adoption  or  rejec- 
tion. 

Which  amendment,  on  motion  by  Mr.  William- 
son, was  laid  on  the  table. 

On  motion  by  Mr.  Semmes,  the  second  section 
of  the  ordinance,  as  originally  reported,  was 
adopted. 

The  third  section,  on  motion  by  Mr.  Elgee. 
was  adopted,  and  the  fourth  section,  on  motion 
by  Mr.  Semmes,  was  also  adopted. 

When,  on  motion  by  Mr.  Williamson,  the  ordi- 
nance was  adopted  as  a  whole. 

Mr.  Lawrence  introduced  the  following  resolu- 
tion. 

Resolved,  That  the  Sergeaut-at-Arms  l)e  in- 
structed to  procure  for  the  members  and  Secre- 
taries of  this  Convention,  eight  copies  of  such 
daily  papers,  or  their  ecpiivalent  in  weeklies,  as 
may  be  selected  by  tiiem. 

,Mr.  Kidd  moved  to  amend  the  foregoing  reso- 
hitiim  by  inserting,  instead  of  -eiglit,"'  the 
word  ■•five,"  which  was  accepted  by  Mr.  Law- 
rence. 

Mr.  Perkins,  of  Orleans,  moved  to  lay  said 
resolution  on  the  table,   which  was  lost. 

And  the  vote  being  taken  upon  the  I'c.^olu- 
tion  as  amended,  it  was  adepted. 

On  motion  by  Mr.  Walker,  the  Convention 
then  adjourned,  to  meet  again  to-morrow,  at 
12  o'clock,  M. 

J.  T.  WHEAT.  Sec'v. 


Wkdxesday,  January,  30,  18C1. 

Pursuant  to  adjournment  the  Convention  as- 
pembled  at  12  o'clock,  M. ;  lion.  A.  Mouton, 
President,  in  the  chair,  and  122  delegates 
present. 

The  Convention  was  opened  with  prayer  by 
the  Ki'v.  T.  R.  Markham. 

Mr.  Moore  moved  to  dispense  with  the  read- 
ing of  the  journal  of  yesterday,  which  motion 
was  adopted. 

Mr.  Moore  then  moved  that  he  be  permitted 
to  introduce  to  the  Convention  the  Hon.  W.  J. 
\'a8on,  tlie  Commissioner  from  the  State  of 
Georgia,  accredited  to  the  State  of  Louisiana. 
There  being  no  objection  to  this  motion,  Mr. 
Vason  was  then  introduced  and.  having  received 
the  hearty  welcome  of  the  President  of  the  Con- 
vention, presented  his  commission  and  addres- 
sed the  Convention. 

Mr.  Texada  moved  to  reconsider  the  vote 
taken  yesterday,  by  which  the  ordinance  re- 
ported by  Mr.  Perking,  of  Madison,  chairman  of 
the  Committee  on  the  "Formation  of  a  Southern 
Confederacy,"  relative  to  the  election  of  dele- 
gates to  represent  the  State  of  Louisiana  at 
the  approaching  Convention  to  be  held  at  Mont- 
gomery, Alabama,  was  adopted. 


Mr.  Martin  moved  to  lay  this  motion  OQ  the 
table,  on  which  motion  the  yeas  and  nays  were 
demanded. 

The  result  of  tlie  call  for  the  yeas  and  nays 
was  as  follows,  to-wit. 

Messrs.  Adams.  Anderson,  Avegno,  Bonner, 
Briscoe,  Barbin,  Burton,  Bush.  Butler,  Caldwell, 
Carr,  Connelly,  Conner  of  Concordia,  Cottman, 
David.<on  of  Livingston,  Davidson  of  Sabine, 
Declouet,  DeBlanc,  Dorsey,  Dufl'el.  Dupre,  Elam, 
Elgee,  Fuseli  "r.  Fmiua.  Gardere.  Gaudet.  Glad- 
den, Girard.  Gritlin,  Hernandez,  Uerron,  Hough, 
lludge.  Hodges.  Hollingswurth.  Kidd,  Labalut, 
Lagroue,  DeBlanc,  LeBourgeois,  Lewis  of  Bien- 
ville, Lewis  of  Claiborne,  Lewis  of  Orleans, 
Manning,  Marshall,  Marks  of  Caddo,  McCoUom, 
Martin  of  Assumption,  M  irtin  of  Carroll,  Magee, 
McFifrland,  Melancon.  Mt  n.'dith.  Miles,  Miller, 
Moore.  O'Bryan.  Olivier.  Perkins  of  Lafourche, 
Perkins  of  Madison.  Peck,  Pemberton.  Pierson 
of  Natchitoches,  Pi'Mson  of  Winn,  Pike,  Polk, 
Pugh,  llicbardson,  Roman,  Rozier,  Scott  of 
(Jlaiborne,  Scott  of  East  Feliciana,  Semmes, 
Smith,  Smart,  Sompayrac,  Sparrow,  Stocker, 
Talbot,  Taylor  of  St.  Landry,  Te.xada,  Thomas- 
son,  Todd.  Tucker,  Valentine,  V'erret.  Warren, 
Williams  of  East  Baton  Rouge,  Williams  of  St. 
Helena,  Williamson,  Wilkinson,  Willz  and 
York — 95  yeas. 

The  nays  were  as  follows  : 

Messrs.  Barrow,  Bermudez,  Bienvenu,  B(»n- 
ford.  Cook,  Estlin.  Gill.  Gray,  Johnston.  Ken- 
nedy, Lawrence,  Marks  of  Orleans,  McClosky, 
McNeely,  Michel,  Norton,  Perkins  of  Orleans; 
Pope,  I'rovosty,  Roselius,  Slawson,  Stewart, 
Swayze.  Tappan,  Towles  and  Walker — 26  nays. 

Mr.  Texada's  motion  to  reconsider  the  ordi- 
nance reported  by  the  Committee  on  the  Forma- 
tion of  a  Southern  Confederacy,  was  conse- 
quently lost. 

Mr.  Herron  suggested  that  the  Convention 
should  unanimously  agree  to  substitute  for  the 
words  "  by  ballot "'  the  words  "  viva  voce," 
in  the  first  section,  third  line  of  "the  Ordinance 
to  provide  for  the  Formation  of  a  Southern 
Confederacy,"  which  was  agreed  to. 

Mr.  Provosty  then  moved  to  adopt  the  rules 
.and  regulatious  printed  for  the  use  of  the  Con- 
vention, which,  on  motion  of  Mr.  Martin,  waa 
laid  on  the  table. 

Mr.  Martin  then  called  up  the  fpecial  order  of 
the  day,  being  the  election  of  six  delegates  to 
represent  the  State  of  Louisiana  in  the  Con- 
vention to  a.ssemble  at  Montgomery,  Ala.,  on 
the  4th  of  February  next. 

Mr.  Walker  moved  to  go  into  the  election  of 
two  delegates  from  the  State  at  large,  which 
was  adopted. 

Mr.  Walker  then  nominated  Mr.  John  Perkins 
of  Madison. 

Mr.  Dorsey  nominated  Mr.  J.  P.  Benjamin,  of 
New  Orleans. 

Mr.  McNeely  nominated  Mr.  W.  R.  Miles  of 
New  Orleans. 

Mr.  Conner  of  Concordia  ncminated  Mr.  Alex. 
Declouet  of  the  parish  of  St.  Martin. 


22 


JOURNAL   OP  THE  CONVENTION 


Mr.  Butler  nominated  Mr.  John  Slidell  of 
of  New  Orleans. 

The  roll  being  called,  the  result  of  the  vote 
was  as  follows,  viz  : 

For  Mr.  Perkins  :  Messrs.  Adams,  Anderson, 
Barbin,  Bermudez,  Bienvenu,  Bonner,  Briscoe, 
Burton,  Bush,  Butler,  Caldwell,  Carr,  Cook, 
Conner  of  Concordia.  Conner  of  St.  Tammany, 
Cottman,  Declouet,  DeBlanc,  Dorsey.  Duffel, 
Dupre,  Elam,  Estliu,  Fuselier,  Fuqua,  Gladden, 
Gardere,  Guadet,  Gray,  Gill,  Girard,  Hernan- 
dez, Herron.  llougn,  liodge,  Hodges,  Hollings- 
worth,  Johnston.  Kennedy,  Kidd,  Labatut,  La- 
groue,  LeBlauc,  LeBourgeois,  Lewis  of  Bienville, 
Lewis  of  Clailwrne,  Lewis  ol  Orleans,  Manning. 
Marshall,  Marks  of  Caddo,  Martin  of  Assump- 
tion, Martin  of  Carroll,  Melancou,  Miles,  Miller, 
Moore,  Mouton,  McClosky,  McCoUom,  McFai-- 
landjMcNeely,  Norton;  Olivier,  0"Bryau,  Per- 
kins of  Lafourche,  Perkins  of  Orleans,  Peck, 
Pemberton,  Pike,  Polk,  Pope,  Kichardson, 
Roman,  Roselius,  Rozier,  Slawson.  Swayze, 
Semmes.  Sparrow,  Scott  of  East  Feliciana, 
Stocker,  Smith,  Tappan,  Talbot,  Taliaferro, 
Taylor  of  St.  Charles,  Taylor  of  St.  Landry, 
Thamasson,  Todd,  Valentine,  Verret,  "Warren, 
Walker,  Williams  of  St.  Helena,  Williamson, 
Wiltz  and  York— 91). 

For  Mr.  Declouet:  Messrs.  Avegno,  Ban-ow, 
Bermudez,  Bienvenu,  Briscoe,  Barton,  Bush, 
Carr,  Cook,  Connelly,  Conner  of  Concordia, 
Cottman,  DeBlanc,  Duftel.  Dupre,  Elgee,  Fuse- 
lier, Fuqua,  Gardere,  Gaudet,  Gill,  Girard, 
Griffin,  Hernandez,  Herron,  Hough,  Hollings- 
worth,  Johnston,  Labatut,  Lagroue,  LeBlanc, 
LeBourgeois,  Lewis  of  Orleans,  Marshall,  Mar- 
tin of  Assumption,  Martin  of  Carroll,  Melancon, 
Meredith,  Moore,  Mouton,  McCoUom,  Olivier, 
O'Brien,  Perkins  of  Lafourche,  Pemberlon  Pier- 
son  of  Natchitoches,  Pierson  of  Winn,  Pike, 
Provosty,  Pugh,  Roman,  Roselius,  Rozier, 
Swayze,  Stewart,  Sparrow,  Sompayrac.  Scott 
of  Claiborne,  Stocker,  Smith,  Tappan,  Talbot, 
Taliaferro,  Taylor  of  St.  Landry,  Thomasson, 
Todd,  Towles,  Tucker,  Verret,  Warren,  Williams 
of  East  Baton  Rouge,  Wilkinson,  Wiltz — 73. 

For  Mr.  Benjamin  :  Messrs.  Anderson,  Bon- 
ford,  Conner  of  St.  Tammany,  Declouet,  Dorsey, 
Elgee,  Estlin,  Michel,  Miller,  McCloskey,  Mc- 
Farland,  Norton,  Perkins  of  Madison,  Pierson 
of  Natchitoches,  Slawson,  Smart,  Sompayrac, 
Scott  of  East  Feliciana,  Taylor  of  St.  Charles, 
Texada,  Tucker,  Wilkinson  and  York — 29. 

For  Mr.  Miles  :  Messrs.  Adams,  Avegno,  Bar- 
row, Bonlord,  Bonner,  Connelly,  Davideon  of 
Livingston,  Davidson  of  Sabine,  Elam.  Gladden. 
Graves,  Gray,  Hodges,  Kennedy,  Kidd,  Lewis 
of  Bienville,  Lewis  of  Claiborne,  Marks  of  Or- 
leans, Magee,  Meredith,  Michel,  McNeely,  Per- 
kins of  Orleans.  Peck,  Pierson  of  Winn,  Polk, 
Pope,  Provosty,  Pugh,  Semmes,  Stewart  of 
Claiborne,  Towles,  Valentine,  Walker,  Wil- 
liamson— 37. 

For  Mr.  Slidell  :  Messrs.  Butler,  Caldwell, 
Davidson  of  Sabine,  Lawrence,  Marks  of  Caddo, 
Perkins  of  Madistn,  Richardson,  Smart,  Tex- 
ada— 9. 


RECAPITULATIOX. 

Mr.  Perkins  received 99  votes. 

Mr.  Declouet  received 73    .. 

Mr.  Benjamin  I'eceived 29     .. 

Mr.  Miles  recei  ved 37     .. 

Mr.  Slidell  rec  ived y     .. 

Whole  nui.iber  of  votes  cast.  .  .  .12l>     ., 

Messrs.  Perkins,  of  Madison,  and  Declouet 
having  received  a  majority  of  all  the  votes  cast, 
they  were  dechired  duly  elected  delegates  from 
the  State  at  lai'^^e. 

Mr.  Fuqua  tlien  moved  to  go  into  election  for 
delegates  representing  the  Congressional  Dis- 
tricts, and  to  elect  them  in  their  order,  com- 
mencing with  the  First  Representative  District. 
Adopted. 

Mr.  Lewis,  o:  Orleans,  nominated  Hon.  Chas. 
M.  Conrad, 

Mr.  Wiltz  no.ninated  Hon.  Chas.  Gayarre. 

The  vote  on  which  nominations  was  as  fol- 
lows : 

For  Mr.  Con  ad  :  Messrs.  Adams,  Anderson, 
Avegno,  BieuA  enu,  Bonford,  Bonner,  Briscoe. 
Burton,  Bush,  ('arr,  Cook,  Connelly,  Conner  of 
Concordia,  Cottman,  Davidson  of  Sabine,  De- 
clouet, Dorsey,  Duffel,  Dupre,  Elgee,  Estlin, 
Fuselier,  Fuqii  i,  Gardere,  Gaudet.  Graves.  GUI, 
Hernandez,  H  Tron,  Hough.  Hodge,  Hodges, 
HoUingsworth.  Kennedy,  Kidd,  Labatut.  I,a- 
groue,  LeBlanc.  LeBourgeois,  Lewis  of  Orlea.is, 
Manning.  Mark-?  of  Orleans.  Martin  of  Assump- 
tion, Martin  (^f  Carroll,  Melancon.  Meredith, 
Miles,  Michel.  Moore,  McCloskey,  McCuUom, 
Norton,  01ivi(  r,  Perkins  of  Lafourche,  Perkins 
of  Orleans,  Pi'mberton,  Pierson,  Pike,  Polk, 
Pope,  Pugh,  R.jmau,  Roselius,  Rozier,  Slaws-on, 
Swayze,  Semmes,  Sparrow,  Scott  of  Claiborne, 
Stocker.  Tapp;in,  Talbot,  Taliaferro.  Taylor  of 
St.  Landry,  Toxada,  Thomasson,  Todd,  Tucker. 
Verret,  Walker.  Williams  of  East  Baton  Rouge, 
Williamson  and  Wilkinson — 84. 

For  Mr.  Gayarre  :  Messrs.  Barbin,  Barrow, 
Bermudez,  Butler,  Caldwell,  Conner  of  St. 
Tammany,  Davidson  of  Livingston,  DeBlanc, 
Elam.  Gladden.  Gray,  Girard,  Griffin,  Johnston, 
Lawrence.  Lewis  of  Bienville,  Lewis  of  Clai- 
borne, Marshall,  Magee,  Miller,  Mouton.  Mo- 
Farland,  McNeel3^  O'Bryan,  Perkins  of  Madison; 
Pierson  of  Natchitoches,  Provosty,  Richardson, 
Sompayrac,  Si'ott  of  East  Feliciana,  Smith, 
Taylor  of  St.  Caarles,  Valentine,  Warren,  Wiltz, 
York— 3G. 

Mr.  Marks,  of  Caddo,  voted  for  Mr.  Benjamip, 
and  Mr.  Smart  voted  for  Mr.  Lawrence. 

KECAPITULATXOX. 

Mr.  Conrad  received 84  votes. 

Mr.  Gayarre  n  ceived 36 

Scattering 2      .. 

Whole  number  of  votes 122 

Mr.  Conrad  having  received  a  majority  of  all 

the  votes  cast,  was  declared  duly   elected   to 

represent  the  First  District. 

On   motion,   the   election   of  a  delegate   to 

represent  the  Second  District  was  then  gone  into. 


OF   THE   STATE   OP   LOUISIANA. 


^3 


Mr.  Tappan  nominated  Hon.  Duncan  F. 
Kenner. 

Mr.  Semmes  nominated  Mr.  W.  R.  Adams,  of 
New  Orleans. 

Mr.  Estlin  nominated  Mr.  Dan.  W.  Adams,  of 
New  Orleans. 

The  vote  being  taken,  the  result  was  as 
follows  : 

For  Mr.  Kenner  ;  Messrs.  Anderson,  Avegno, 
Barrow,  Bcrmudez,  Bienvenu,  Burton.  Bush. 
Butler.  Carr,  Cook.  Conner  of  Concordia,  Con- 
nelly, Cottman.  Davidson  of  Livingston.  David- 
eon  of  Sabine,  Declouet.  DeBlanc,  Dorsey.  Dufll'l, 
Dupre,  Elam.  Elgee,  Fuselicr,  Gladden.  Gar- 
dere.  Gaudet,  Graves.  Gray.  Gill,  Girard. 
Griffin,  Hernandez.  Hough.  Ilodge,  Hodges, 
HoUingsworth.  Johnston.  Kennedy.  Labatut. 
Lawrence.  Lagroue,  LeBlanc.  LeBourgeois, 
Lewis  of  Bienville.  Lewis  of  Claiborne,  Lewis 
of  Orleans,  Manning.  Marshall.  Martin  of  As- 
sumption, Martin  of  Carroll,  Magee,  Molancon. 
Moore,  McCollom.  Norton,  Olivier.  0"Bryan. 
Perkins  of  Lafourche.  Perkins  of  Madison.  Per- 
kins of  Orleans.  Pemberton,  Pierson  of  Natchi- 
toches. Picrson  of  Winn,  Pike.  Polk.  Provosty. 
Pugh.  Richardson,  Roman,  Rozicr,  Slawson, 
Swayze,  Sparrow,  Sompayrac,  Scott  of  Clai- 
borne, Scott  of  East  Feliciana.  Smith.  Tappan. 
Talbot.  Taylor  of  St.  Charles.  Taylor  of  St. 
Landry,  Tcxada,  Thomasson.  Todd.  Tucker, 
Valentine,  Verret.  Warren.  Walker,  Williams 
of  East  Baton  Rouge.  Williamson.  York — 92. 

For  Mr.  D.  W.  Adams  :  Messrs.  Bonford.  Bris- 
coe, Caldwell.  Estlin.  Fuqua.  Marks  of  Caddo. 
Miller,  McClosk<'v.  McXeely,  Peck,  Smart,  Stew- 
art, Towles  and  Wiltz— 14. 

For  Mr.  W.  R.  Adams  :  Messrs.  Barbin  Bon- 
ner, Conner  of  St.  Tammany,  Herron,  Kidd. 
Marks  of  Orleans.  Meredith.  Miles,  Michel, 
Semmes.  Stocker,  Taliaferro,  AVilkinson — 1.3. 

Hon.  A.  Mouton.  President,  voting  for  Mr. 
Taylor  of  St.  Charles. 

KECAPITILATION. 

Mr.  Kenner  received 92  votes. 

Mr.  D.  W.  Adams  received 14     .. 

Mr.  W.  R.  Adams  received 13 

Scattering 1 

Whole  number  of  votes 120 

Mr.  Kenner  having  received  a  majority  of  all 
the  votes  cast,  was  declared  duly  elected  to 
represent  the   Second  Representative   District. 

On  motion  to  go  into  the  election  of  a  dele- 
gate to  represent  the  Third  District,  Mr.  Dupre 
?iominated  Mr.  Sparrow,  who,  being  the  only 
nominee,  was,  on  motion  by  Mr.  Briscoe,  de- 
clared unanimously  elected. 

The  election  of  a  delegate  to  represent  the 
Fourth  District  being  next  in  order — 

Mr.  Lewis,  of  Bienville,  nominated  Mr.  B.  W. 
Pearce.  of  Bienville. 

Mr.  Dorsey  nominated  Mr.  .1.  K.  Elgee  of 
liapides. 

Mr.  Elam  nominated  Mr.  Henry  Marshall  of 
DeSoto. 

Mr.  Moore  nominated  Mr.  B.  Ij.  I^.  Hodge  of 
Caddo. 


The  vote  being  taken,  resulted  as  follows : 

For  Mr.  Pearce :  Messrs.  Barbin,  Bonner,  Bur- 
ton, Conner  of  St.  Tammany,  Davidson  of 
Livingston.  Gill,  Hough.  Hodge,  Lewis  of 
Claiborne,  Lewis  of  Bienville,  Magee.  O'Bryan, 
Richardson,  Taylor  of  St.  Charles,  Warren  and 
Williams — 17. 

For  :Mr.  Elgee  :  Messrs.  Avegno.  Bush.  Can- 
non, Connelly,  Davidson  of  Sabine,  Dorsey, 
Gray.  HoUingsworth,  Lawrence.  Manning,  Mar- 
tin of  Assumption.  Melancon,  Norton,  Perkins 
of  Lafourche,  Pike.  Pope.  Pugh.  Roman,  Smart. 
Scott  of  East  Feliciana,  Taliaferro,  Tex- 
ada.  Tucker,  Walker.  Williams  of  East  Baton 
Rouge — 25. 

For  Mr.  Marshall:  Messr.s.  Anderson,  Barrow, 
Butler,  Caldwell,  Cook,  Conner  of  Concordia, 
Declouet,  DeBlanc.  Dupro.  Elam,  Estlin,  Fuse- 
litT,  Gladden.  Graves.  Girard,  Hodge.  Kennedy, 
Marks  of  Caddo.  Martin  of  Carroll,  Miller, 
Mouton.  McFarland.  McNeely,  Olivier,  Perkins 
of  Madison,  Provostv.  Swavze.  Semmes.  Stew- 
art, Sparrow.  Smith.  Talbot,  Taylor  of  St. 
Landry.  Towles,  Valentine,  Williamson  and 
York— 37. 

For  Mr.  Hodge:  Messrs.  Bermudez.  Bienvenu, 
Bonford,  Briscoe,  Carr.  Cottman,  Duffel,  Elgee, 
Fuqua,  Gardere,  Gaudet,  Griffin.  Hernandez, 
Herron,  Johnson,  Kidd.  Labatut.  Lagroue.  Le- 
Blanc, LeBourgeois,  Lewis  of  Orleans,  Mar- 
shall, Marks  of  Orleans.  Meredith,  Michel, 
Moore.  McCloskey,  McCollom.  Perkins  of  Or- 
leans. Pemberton.  Picrson  of  Natchitoches, 
Pierson  of  Winn.  Rozier.  Slawson.  Sompayrac, 
Scott  of  Claiborne,  Stocker.  Tappan,  Thomas- 
fon.  Todd  and  Verret — 13. 

Mr.  Polk  cast  his  vote  for  Gen.  Phillips  of 
DeSoto. 

No  one  having  received  a  majority  of  the 
votes  cast,  the  Convention  proceeded  to  a 
second  ballot.  The  name  of  Mr.  Elgee  being 
withdrawn,  the  result  of  the  vote  was  as  fol- 
lows : 

For  Jfr.  Hodge  :  Messrs.  Bienvenu,  Bonner, 
Bush,  Cannon,  Carr,  Connelly,  Conner  of  St. 
Tammany,  Cottman.  Duffel.  Elgee.  Fuqua.  Gar- 
dere. Gaudet.  Griffin,  Hernandez.  Herron, 
Houch,  HoUingsworth,  Kidd,  Labatut.  Law- 
rence. Lagroue,  LeBlanc,  LeBourgeois.  Lewis 
of  Orleans,  Marshall,  Melancon,  Meredith, 
Michel,  Moore,  McClosky,  McCollom,  Norton. 
Perkins  of  Lafourche,  Pemberton,  Pierson  of 
Natchitoches,  Pierson  of  Winn,  Pike,  Pope, 
Pugh,  Roman,  Rozier.  Slawson.  Sompayrac, 
Scott  of  Claiborne.  Stocker.  Tappan.  TaliafeiTo, 
Thomasson,  Todd,  Tucker.  Verret,  Williams  of 
Eaft  Baton  Rouge.  Wilkinson  and  Wiltz — .5.'>. 

For  Mr  Marshall:  Messrs.  Anderson,  Avegno, 
Barrow,  Bermudez.  Briscoe,  Butler,  Caldwell, 
Cook.  Conner  of  Concordia.  Davidson,  of  Sa- 
bine, Declouet,  DeBlanc,  Dupre,  Elam,  Estlin, 
Fuselier,  (Jladden,  Graves.  Gray,  Girard,  Hodge. 
Johnston,  Kennedy,  Marks  of  Caddo.  Marks  of 
Orleans,  Martin  of  Carroll,  Miles,  Miller,  Mou- 
ton, McFarland,  McNeely,  Olivier,  Perkins  of 
Madison,  Perkins  of  Orleans.  Polk,  Provosty, 
Swayze.  Semmes,  Stewart.  Sparrow,   Scott  of 


24 


JOURNAL   OF   THE   CONVENTION 


East  Feliciaua,  Smith,  Taylor  of  St.  Lnndry, 
Tcxada,  Towles,  Valentine.  Walker.  Williara- 
Koa,  York — 40. 

For  Mr.  Pearce :  Messr.<.  Barbin.  Burton. 
Davidson  of  Livinpjston,  Ilodgcs,  Lewis  of 
Bienville,  Lewis  of  Claiborne,  Manning.  Martin 
of  Assumption.  Magee,  O'Bryan,  Hicbardson. 
Smart,  Taylor  of  St.  Charles,  Warren,  Williams 
of  St.  Helena — I.j. 

No  one  having  received  a  majority  of  tlie 
votes  cast,  the  Convention  proceeded  to  the 
third  ballot.  The  name  of  Mr.  Pearce  being 
withdrawn,  the  result  of  tlie  yoti"  was  as  fol- 
lows : 

For  Mr.  Marshall :  Messrs.  Anderson.  A\'cgno. 
Barbin,  Bermudez,  Barrow,  Briscoe,  Burton, 
Butler,  Caldwell,  Coolv,  Conner,  of  Concordia, 
Davidson  of  Livingston,  Davidson  of  Sabinr, 
DeBlanc,  Declouet,  Dorsey,  Diipre,  Ehxm,  Est- 
lin,  Fuselier,  Gladden,  Graves,  Gray,  Gill. 
Girard.  Hodge.  Hodges,  Johnston,  Kennedy, 
Labatut,  Lewis.  Manniag,  Marks  of  Caddo, 
Marks  of  Orleans,  Martin  of  Carroll,  Magee, 
Miles,  Miller,  Mouton,  lilcFarlnud.  McNecly, 
Olivier.  O'Bryan,  Perkins  of  Madison,  Polk, 
Provosty,  Richardson,  Smart,  Swayze,  Semmes, 
Stewart,  Sparrow,  Scott,  of  East  Feliciana, 
SmitQ,  Taylor  of  St.  Landry,  Texada,  Towles, 
Valentine,  Warren,  Walker.  AVilliamson  and 
York— 62. 

For  Mr.  Hodge  :  Messrs.  Bienvenu,  Bonner, 
Bush,  Cannon,  Carr,  Connelly,  Conner  of  St. 
Tammany,  Duffel,  Elgee.  Fuqua,  Gardere,  Gau- 
det.  Griffin,  Hernandez,  Herron,  Hough,  Hol- 
lingsworth,  Kidd,  Lawrence,  Lagroue,  LeBlanc, 
LeBourgeois  Lewis  of  Bienville,  Lewis  of  Or- 
leans, Marshall,  Martin  of  Assumption,  Melan- 
con,  Meredith,  Moore,  McCloskey,  McCollom, 
Norton,  Perkins  of  Lafourche,  Pemberton,  Pier- 
son  of  Natchitoches,  Pierson  of  Winn,  Pike, 
Pope,  Pugh,  Roman,  Rozier,  Slawson,  Sonipay- 
rac,  Scott  of  Claiborne,  Stocker,  Tappan,  Taylor 
of  St.  Charles,  Thomasson,  Todd,  Tucker,  Ver- 
ret.  Williams  of  East  Baton  Rouge,  Wilkinson, 
Wiltz— 54. 

RECAriTri.ATIOX. 

Mr.  Marshall  received 02  votes. 

Mr.  Hodge  received .">  t     .. 

Whole  number  of  votes 116 

Mr.  Marshall  having  received  a  majority  of 
all  the  votes  cast,  was  declared  duly  elected  as 
the  delegate  from  the  Fourth  Representative 
District. 

The  President  then  announced  the  following 
named  delegates  to  compose  the  committee 
comprehended  in  the  report  of  the  Committee 
on  Commerce,  Revenue  and  Navigation,  adopted 
yesterday:  Messrs.  Norton,  Laba'ut.  (rrififin. 
Lawrence,  Sompayrac. 

On  motion  of  Mr.  Kozior.  the  Convention 
then  adjoui'ned. 

J.  T.  WHEAT.  Secrctarv. 


TnuRSDAT,  Jan.  111.  1861. 

The  Convention  met  pursuant  to  adjourn- 
ment at  the  hour  appointed,  and  after  prayer 
by  the  Rev.  Afr.  McCoy,  jiroceeded  to  business. 

PresiMit  :  Hon.  A.  Mouton  President,  and  one 
hundred  and  one  delegati^s. 

Dnriuir  the  roll  call  Mr.  ITienvenu  explained 
the  reason  of  the  absence  of  his  colleague.  Mr. 
Clark,  stating  it  to  be  on  account  of  a  sudden 
and  dangerous  illness. 

Pending  the  reading  of  the  journal  of  yester- 
day, it  ^^as.  on  motion  by  Mr.  Moore,  corrected 
'  y  the  insertion  of  Mr.  llerron"s  motion  to  sulv 
stitute,  in  tlie  Isl  section  4th  line  of  the  ordi- 
nance reported  by  the  Committee  on  the  "  For- 
mation of  a  Southern  Confederacy,''  the  words 
"viva  TOOc,"' instead  of  the  words  •' by  ballot,'' 
which  had  been  agreed  to  by  unaninions  con- 
sonl. 

After  which  the  journal  was  approved. 

Mr.  Provosty,  as  ctiairman  of  the  Committee 
on  Rules  and  Regulations,  .submitted  the  fol- 
lowing as  his  report,  viz  : 

RUr.ES  A\n  KEOULATIOXS  OK  THK  CONVENTIOX  OK 
THE  I'EOrLE  0I<"  LOnStAXA. 

T/ie  Duties  and  Ei<jhi!>  of  the  Frcsident — 1.  He 
shall  take  the  chair  every  day  at  the  hour  to 
which  the  Conv.  ntion  shall  have  adjourned  on 
the  preceding  day,  and  immediately  call  the 
members  to  order.  If  a  quorum  should  be  in 
attendance,  he  shall  cause  th«  journal  of  the 
preceding  day  to  be  read. 

2.  He  "shall  preserve  order  and„'  decorum  ; 
may  speak  to  points  of  order  in  preference  to 
members,  rising  from  his  scat  for  th.it  ])urpose  ; 
he  shall  decide  questions  of  order,  subject  to  an 
appeal  to  the  Convention  made  by  any  two  mem- 
bers, on  which  appeiil  no  member  shall  speak 
more  than  once  unless  by  leave  of  the  Conven- 
tion. 

3.  He  shall  rise  to  put  a  question,  but  may 
state  it  while  sitting. 

4.  Questions  shall  be  distinctly  put  in  this 
form,  to-wit :  "'As  many  of  you  as  are  of  opin- 
ion that  (as  the  question  may  be)  say^y*.-" 
and,  after  the  alSrmative  voice  is  expressed — 
"As  many  as  are  of  contrary  opinion  say  A'b." 
If  the  Preiident  doubt,  or  if  a  division  lie  called 
for,  the  Convention  shall  divide  ;  those  in  the 
afiirmativ-o  of  the  question  shall  rise  from  their 
seats,  and  afterwards  those  in  the  negative. 
The  President  shall  then  rise  and  state  the  deci- 
sion of  the  Convention. 

5.  The  President  shall  have  the  right  to  ex- 
amine and  correct  the  journal  before  it  is  read. 
He  shall  have  a  general  direction  of  the  hall. 
He  shall  have  a  right  to  name  any  member  to 
perform  the  duties  of  the  chair,  but  such  substi- 
tution t^hall  not  extend  beyond  an  adjournment. 

6.  In  all  cases  of  election  by  the  Convention, 
the  President  shall  vote  ;  in  other  cases  he  shall 
not  vote,  unless  the  Convention  be  equally  di- 
vided, or  unless  his  vote,  if  given  to  the  minor- 
ity, will  make  the  division  equal ;  and  in  case 
of  such  equal  division,  the  question  shall  bn 
lost. 

7.  All  committees  shall  be  appointed  by  the 


OP  THE  STATE  OP  LOUISIANA. 


25 


President,  imleps  otherwise  especially  directed 
by  the  ConTention,  in  which  case  they  shall  be 
elected  by  the  Convention  ;  and,  if  upon  such 
vote,  the  number  required  shall  not  be  elected 
by  a  majority  of  the  votes  given,  the  Convention 
shall  proceed  to  a  second  vote,  in  which  a  plu- 
rality shall  prevail  :  and  in  case  a  greater  num- 
ber than  are  required  to  compose  or  complete  a 
committee  fhall  have  an  equal  number  of  vot»s, 
the  Convention  shall  take  another  vote. 

8.  All  acts,  addros.'^es.  and  joint  resolutions, 
shall  l)p  ligned  by  the  President:  and  all  writs, 
warrants  and  subpcenas,  issued  by  order  of  the 
Convention,  shall  he  under  his  hand  and  attested 
by  the  Secretary. 

9.  In  case  of  any  disturbance  or  disorderly 
conduct  in  the  gallery  or  lobby,  the  Prfsident 
(or  Chairman)  shall  have  power  to  order  the 
same  to  be  cleared. 

Hule.'f  of  Decorum  and  Dehate. — 10.  When  any 
member  is  about  to  spoak  in  debate  or  deliver 
any  matter  to  the  Convention,  he  shall  rise  from 
his  seat  and  respectfully  address  himself  to 
'•  Mr.  President." 

11.  If  any  member,  in  speaking  dr  otherwise, 
transgrofss  the  rales  of  the  Convention,  the 
President  shall,  or  any  nimuber  may,  call  to 
order;  in  which  case,  the  mi'inber  so  called  to 
order  shall  immediately  sit  down,  unless  per- 
mitted to  explain  ;  and  the  Convention  shall, 
if  appealed  to.  decide  on  the  case,  but  without 
dehatp.  If  the  decision  be  in  favor  of  the  mem- 
ber called  to  order,  he  shall  be  at  liberty  to 
proce(;d  :  if  thf  decision  be  against  him.  and 
the  case  require  it.  ho  shall  be  liable  to  the  cen- 
sure of  the  Convention. 

12.  When  two  or  more  members  happen  to 
rise  at  once,  the  President  shall  nanif  the  one 
who  is  first  to  speak. 

18.  No  member  ."^hall  speak  more  than  twice 
on  the  same  question,  nor  more  than  half  an 
hour  on  each  occasioii,  without  leave  of  the 
Convention,  nor  more  than  once  until  every 
member   choosing  to  speak   shall  have  spoken. 

But  the  mover  of  any  proposition  shall  have 
the  right  to  open  and  close  the  debate  ;  and  in 
case  tlip  proposition  comes  from  any  committee, 
then  the  member  making  the  report  from  the 
committee  sh.-ill  have  the  right  to  open  and  close 
the  debate  in  like  manner. 

li.  Whilst  the  yeas  and  nays  are  being  called 
or  votes  are  being  counted,  no  member  shall 
visit  the  Secretary's  desk. 

15.  No  member  shall  vote  on  any  question  in 
the  result  of  which  he  has  a  separate  and  dis- 
tinct interest,  nor  in  any  case  when  he  was  not 
within  the  bar  of  the  Convention  when  the  ques- 
tion was  put.  And  when  any  member  shall  ask 
leave  to  vot^.  the  President  shall  propound  to 
him  the  question  :  Were  you  within  the  bar  when 
the  question  was  put  ?  Hut  when  the  yeas  and 
nays  are  taken,  and  any  member  ask  leave  to 
vote,  the  President  shall  in((uire  of  him  whether 
be   was  within  the  bar  vhen  his  name  tras  called  ? 

16.  Upon  a  division  and  count  of  the  Conven- 
tion upon  any  question,  no  member  without  the 
bar  shall  be  counted. 

17.  Every  member  who  ehall  be  in  the  Con- 

D 


'  vention  when  a  question  is  put,  shall  give  his 
vote,  unless  the  Convention,  for  reasons  as- 
signed, shall  excuse  him.  No  member  shall  be 
allowed  to  make  any  explanation  of  a  vote  he 
is  about  to  give,  or  ask  to  bo  exi'used  from 
voting,  after  the  Secretary,  under  order  of  the 
Convention,  shall  have  commenced  calling  the 
yeas  and  nays. 

18.  When  a  motion  is  made  and  seconded,  it 
shall  be  stated  by  the  President;  or.  being  in 
writing,  it  shall  he  h.inded  to  the  chair,  and 
read  aloud  by  the  Secretary,  before  debated. 

19  Every  motion  should  be  reduced  to 
writing,  if  the  President  or  any  member  desire  it. 

20.  No  person  shall  he  admitted  within  the 
bar  but  members  of  the  Convention,  officers  of 
the  State  Government,  and  such  other  persons 
as  the  President  may  think  proper  to  invite  to 
a  seat  in  the  Convention. 

21.  After  a  motion  is  stated  by  the  President, 
or  read  hy  the  Secretary,  it  shall  be  deemed  to 
be  in  possession  of  the  Convention,  but  may  be 
withdrawn  by  the  mover  with  the  consent  of 
the  member  who  may  have  seconded  the  propo- 
sition. 

22.  When  a  question  is  under  debate,  no  mo- 
tion .shall  he  received  but  to  adjourn  ;  2d.  to  lie 
on  the  table  ;  3d,  for  the  previous  question  ; 
•1th.  to  postpone  to  a  certain  day  ;  .5th.  to  com- 
mit ;  6th.  to  amen«l  ;  or  7th,  to  postpone  ind-fl- 
nitely— which  several  motions  shall  have  pre- 
cedence in  theorder  in  which  they  are  arranged, 
and  no  motion  to  postpone  to  a  day  certain,  to 
commit,  or  to  postpone  indefinitely  being  de- 
cided, shall  be  again  allowed  on  the  same  day 
and  at  the  same  stage  of  the  motion  or  proposi- 
tion. A  motion  to  strike  out  the  enacting  words 
of  a  motion  shall  have  precedence  of  a  motion 
to  amend,  and.  if  carried,  shall  be  considered 
equivalent  to  its  rejection. 

2.1  The  previous  question  shall  be  put  in  this 
form  :  •'  Shall  the  main  question  now  be  put  ?" 
It  shall  only  be  admitted  when  seconded  by  a 
majority  of  the  memberspresent.  and,  when  car- 
ried, its  effects  shall  Vie  to  put  an  end  to  all  de- 
bate, and  to  bring  the  Convention  to  a  direct 
vote — 1st,  upon  the  pending  amendment,  and 
so  on  back  to  the  first  amendment  offered  ;  2d. 
upon  amendments,  reported  by  a  committee,  if 
any  ;  and  3d.  upon  the  main  question. 

(Jn  a  motion  for  the  previous  question,  and 
prior  to  the  seconding  of  the  same,  a  cull  of  the 
Convention  shall  be  in  order  ;  but  after  a  ma- 
jority shall  have  seconded  such  motion,  no  call 
ehall  be  in  order  prior  to  a  decision  of  the  main 
question.  On  a  motion  for  the  previous  ques- 
tion there  shall  be  no  debate. 

All  incidental  questions  of  order  arising  after 
a  motion  is  made  for  the  previous  question,  and 
pending  such  motiim.  shall  Ije  decided,  whether 
on  appeal  or  otherwise,  without  debate.  After 
a  call  for  the  previous  question  has  been  sus- 
tained by  the  Convention,  the  question  shall  b<? 
put  and  determined  in  order  as  above,  without 
debate  on  either  amendments  or  the  main  ques- 
tion. 

24.  Any  member  may  call  for  a  division  of  a 
question,  when  the  same  will  admit  of  it 


26 


JOURNAL  OF  THE  CONVENTION 


25.  Ko  new  motion  or  proposition  on  a  subject 
diflferent  from  that  under  consideration  shall  be 
admitted  under  color  or  amendment,  or  as  a 
substitute  for  the  motion  or  proposition  under 
debate. 

26.  "WTien  a  motion  has  been  once  made  and 
carried  in  the  affirmative  or  negative,  it  shall 
be  in  order  for  any  member  of  the  majority  to 
move  for  a  reconsideration  thereof;  provided  it 
is  made  on  the  same  day  or  the  next  sitting 
day,  before  the  order  of  the  day  is  taken  up. 
And  a  motion  for  immediate  reconsideration 
shall  Bupersede  a  notice  that  a  reconsideration 
will  be  moTed. 

27.  When  the  reading  of  a  paper  is  called  for, 
and  the  same  is  objected  to  by  any  member,  the 
Convention  shall  determine  whether  said  paper 
fihall  be  read  or  not. 

28.  If  a  pending  question  be  not  disposed  of, 
owing  to  an  adjournment  of  the  Convention, 
and  be  revived  on  the  succeeding  day,  no  mem- 
ber, who  has  spoken  twice  on  the  day  preceding, 
shall  be  allowed  to  speak  again  without  leave. 

29.  When  motions  are  made  for  the  reference 
of  a  subject  to  a  select  standing  committee 
and  to  a  standing  committee,  the  question  for 
the  reference  to  a  standing  committee  shall  be 
first  put. 

Order  of  Business  for  tht  Day — 30.  As  soon  as 
the  journal  is  read  and  the  names  of  the  mem- 
bers called,  the  President  shall  ask  if  there  arc 
any  petitions,  memorials  or   resolutions  to  be 

f (resented.  The  petitions,  memorials  and  reso- 
utions  having  been  presented  and  ilisposed  of, 
reports,  first  Irom  standing  and  then  from  select 
committees,  shall  be  called  for  ;  after  which 
the  President  shall  dispose  ©f  the  messages, 
communications,  resolutions  and  ordinances  on 
his  table,  and  then  proceed  to  call  the  order  of 
the  day,  which  shall  always  be  taken  up  at  12 
o'clock  M. 

31.  The  unfinished  business  in  which  the 
Convention  was  engaged  at  the  time  of  the  last 
adjournment,  shall  have  the  preference  in  the 
orders  of  the  day  ;  and  no  motion,  or  any  other 
business,  shall  have  the  preference  in  the  orders 
of  the  day;  and  no  motion  or  any  other  business, 
shall  be  received  without  special  leave  of  the 
Convention  until  the  farmer  is  disposed  of.  The 
order  of  the  day  sliall  be  as  follows  : 

1st.  The  unfinished  business  in  which  the 
Convention  was  engaged  at  its  last  adjourn- 
ment. 

2d.  Special  orders  of  the  day. 

3d.  Ordinances  and  resolutions,  in  the  order 
in  which  they  have  been  presented  to  the  Con- 
vention. 

32.  Petitions,  memorials  and  other  papers, 
addressed  to  the  Convention,  shall  be  presented 
bv  th«  President  or  by  a  member  in  his  place  ; 
a' brief  statement  of  the  contents  thereof  shall 
be  made  verbally  by  the  member  introducing 
the  same. 

33  Any  ten  members,  after  organization  of 
the  Convention,  are  authorized  to  compel  the 
attendance  of  absent  members. 

34.  Upon  calls  of  the  Convention,  and  in 
taking  the  yeas  and  nays  on  any  question,  the 


names  of  the  members  shall  be  called  alpha* 

betically. 

35.  All  questions  relating  to  the  propriety  of 
business  shall  be  decided  without  debate. 

.36.  A  motion  to  adjourn,  and  a  motion  to  fix 
the  day  to  which  the  Convention  shall  adjourn, 
shall  always  be  in  order,  except  when  the  yeas 
and  nays  are  being  called,  and  when  the  ques- 
tion has  just  previously  been  put  and  negatived, 
these  motions,  and  the  motion  to  lie  on  the  ta- 
ble, shall  be  decided  without  debate. 

37.  No  member  shall  absent  himself  from  the 
service  of  the  Convention  unless  he  have  leave, 
or  be  unable  from  sickness  to  attend. 

38.  No  committee  shall  have  the  right  to  ap- 
point a  clerk  without  the  consent  of  the  Con- 
vention being  first  obtained,  except  the  Com- 
mittee on  Enrollment. 

39.  It  shall  1)6  in  order  for  the  Committee  on 
Enrollment  to  report  at  any  time. 

40.  No  committee  shall  sit  during  the  time 
the  Convention  is  in  session  without  special 
leave  being  first  granted,  except  the  Committee 
on  Enrollment. 

41.  All  ordinances  before  the  Convention 
shall  be  taken  up  and  acted  upon  in  the  order 
in  which  they  are  numbered,  and  it  shall  be 
the  duty  of  the  Secretary  to  number  every 
ordinance  in  its  regular  order,  upon  its  first 
reading. 

42.  No  standing  rule  or  order  of  the  Conven- 
tion shall  be  rescinded  or  changed  without  one 
day's  notice  being  given  of  the  motion  thereof. 
Nor  shall  any  rule  be  suspended,  except  by  a 
vote  of  two-thirds  of  the  members  present.  Nor 
shall  the  order  of  business,  as  established  by 
the  rules  of  the  Convention,  be  postponed  or 
changed,  except  by  a  vote  of  at  least  two-thirds 
of  the  members  present. 

43.  After  a  resolution  shall  have  been  adopted 
by  the  Convention,  it  shall  be  engrossed  in  a 
fair  hand,  and  after  examination  and  report  by 
the  Conmittee  on  Enrollment,  shall  be  signed 
by  the  President  and  Secretary. 

44.  The  proceedings  of  the  Convention  shall 
be  entered  on  the  journal  as  concisely  as  possi- 
ble, care  being  taken  to  detail  a  true  and  accu- 
rate account  of  the  proceedings. 

45.  Every  vote  of  the  Convention  shall  be 
entered  on  the  journal  with  a  concise  statement 
of  the  question  ;  and  a  brief  statement  of  the 
contents  of  each  petition,  memorial  or  paper 
presented  to  the  Convention,  shall  be  also  in- 
serted on  the  journal. 

46.  In  case  any  Secretary,  Sergeant-at-Arms, 
or  Doorkeeper  of  the  Convention  fail  to  perform 
his  duty,  the  Secretary  shall  make  »  report 
thereof  to  the  Convention  without  delay. 

47.  The  Secretary  shall  read  the  journal  daily 
from  the  sheet  on  which  the  minutes  are  writ- 
ten ;  and  after  being  so  read  and  corrected,  the 
said  minutes  shall  be  recorded  in  the  journal, 
and  copies  in  both  languages,  authenticated  by 
the  signature  of  the  Secretary,  shall  be  prepared 
for  delivery  at  his  desk  to  the  printer  by  10 
o'clock  on  the  day  following  that  on  which  it 
shall  have  been  read. 

48.  The  Secretary  shall  be  responsible  to  the 


OF   THE   STATE   OF   LOUISIANA. 


27 


CoDTentlon  for  the  accuracy  of  the  journala  in 
both  languages,  and  for  the  fidelity  and  prompt 
execution  of  all  work  tr^ered  by  the  Coaveu- 
tion  ;  he  Bhall  keep  the  bill  book  in  his  own 
handwriting  ;  he  shall  endorse  all  bills,  joint 
reeolutions,  and  all  documents  proper  to  be  en- 
dorsed ;  he  shall  keep  in  hia  charge  all  bilU 
and  documents  in  the  custody  of  the  Conven- 
tion, and  keep  them  in  proper  order. 

49.  The  Sergeant-at-Arms  shall  hold  his  office 
during  the  pleasure  of  the  Convention.  It 
shall  be  his  duty  to  attend  the  Convention 
during  its  sitting  to  have  the  charge  of  the 
chamber  of  the  Convention,  and  the  commit- 
tee rooms  and  offices  belonging  thereto,  to  keep 
the  same  in  order,  and  execute  the  commands 
of  the  Convention  from  time  to  time,  together 
M'ith  all  such  process,  issued  by  authority 
thereof,  as  shall  be  directed  to  him  by  the 
President. 

50.  The  Secretary  or  Assistant  Secretary 
shall  rise  and  remain  standing  whilst  reading 
any  document  to  the  Convention. 

61.  The  Assistant  Secretary  of  the  Conven- 
tion shall,  in  the  event  of  the  absence,  resigna- 
tion or  death  of  the  Secretary,  take  charge  of 
and  attend  to  all  the  duties  of  his  office  until 
his  successor  shall  be  elected.  It  shall  also  be 
his  duty  to  write  with  his  own  hand  the  English 
part  of  the  j  jurnal  of  the  Convention,  when  not 
acting  as  Secretary. 

52.  The  Doorkeeper  shall  hold  his  office  du- 
ring the  pleasure  of  the  Convention.  His  duty 
Bhall  be  to  keep  the  door  of  the  lobby,  announce 
messages  and  perform  such  other  duties  aB  the 
President  may  require. 

53.  On  any  question  of  order  or  parliamen- 
tary practice,  when  these  rules  are  silent  or  in- 
explicit, Jefferson's  Manual,  or  Cushing's  work 
on  Parliamentary  Law,  shall  be  considered  as 
authority. 

Mr.  Kidd  submitted  the  following  resolution, 
viz  : 

Jiaolvtd.  That  rules  and  regulations  prepared 
by  the  Committee  on  Rules,  etc.,  be  and  the 
same  are  hereby  adopted  for  the  governtaeut 
of  this  Convention. 

Mr.  Estlin  offered  the  following  amendment, 
viz  : 

Raolved,  That  the  20th  Rule  of  this  Conven- 
tion be  amended  by  striking  out  the  words  "  or 
members.'' 

Mr.  Walker  offered  the  following  additional 
amendment : 

Resolved,  That  the  Secretary  of  this  Conven- 
tioa  shall  keep  the  minutes  of  the  proceedings 
of  the  Convention  in  secret  session  separate 
from  the  minutes  of  the  other  proceedings  ; 
that  such  minutes  shall  only  be  read  in  secret 
session,  and  shall  not  be  given  to  the  Printer 
ot  the  Convention  until  the  injunction  of 
secrecy  is  removed  by  resolution  of  the  Con- 
vention. 

Raolved.  That  the  Convention  shall  go  into 
secret  session,  whenever,  on  motion  of  a  mem- 
ber, it  shall  be  bo  determined  by  the  Convention; 
that  such  motion  shall  be  a  priviliged  motion, 
•od  shall  always  be  in  order. 


Both  of  which  amendments  being  accepted, 
the  foregoing  report  of  the  Committee  on  Rules 
and  Regulations,  as  amended,  was  adopted. 

Mr.  Rozier  submitted  the  following  resolu- 
tion, viz  : 

Raolved,  That  the  Secretary  of  this  Conven- 
tion be  and  is  hereby  authorized  to  appoint  an 
additional  Assistant  Secretary. 

Which  was,  on  motion  of  Mr.  Elam,  referred 
to  a  special  committee,  consisting  of  Messrs. 
Rozier,  Elam  and  Richardson. 

Mr.  Griffin  submitted  the  following  resolu- 
tion, which  was  adopted  : 

Resolved,  That  the  President  of  the  Convention 
be  and  he  is  hereby  authorized  to  appoint  a 
Poft-master  for  this  Convention. 

Mr.  Johnson  then  offered  the  following  reso- 
lution : 

Resolved,  That  the  Convention  elect  a  reporter 
exclusively  for  the  purpose  of  reporting  the  de- 
bates of  this  body. 

Mr.  Stocker  moved  to  lay  this  resolution  on 
the  table,  and  Mr.  Johnston  demanded  the  yeas 
and  nays  thereon,  which  resulted  as  follows  : 

Messrs.  Anderson,  Barbin,  Barrow, Bermudez, 
Bionvenu.  Bonford,  Bonner,  Burton,  Caldwell, 
Cannan.  Carr,  Conner,  of  Concordia,  Conner  of 
St.  Tammany,  Davidson,  of  Sabine,  Declouet, 
DeBlanc,  Dorsey,  Duffel,  Dupre,  Elam,  Elgce, 
Estlin,  Fuselier.  Gardere.  Gaudet,  Girard, 
Graves,  Gray,  Griffin,  Uerron,  Hodges,  Hollins- 
worth,  Kennedy,  Labatut,  Lagroue,  LeBour- 
geois,  Lewis,  of  Claiborne.  Lewis  of  Orleans, 
Manning,  Marks,  of  Caddo,  Martin,  of  Assump- 
tion, McCollom,  Melangon,  Meredith,  Michel, 
Miller,  Moore,  Norton,  O'Bryan,  Olivier,  Pat- 
terson, Perkins,  of  Madison,  Pemberton,  Pier- 
son,  of  Natchitoches,  Pierson,  of  Winn,  Pike, 
Polk,  Provosty.  Pugh.RichardisOD,  Roman,  Ro- 
zier. Scott,  of  Claiborne,  Scott,  of  East  Feli- 
ciana, Slawson,  Smart,  Sompayrac,  Stewart, 
Stocker,  Taylor,  of  St.  Charles,  Taylor  of  St. 
Landry,  Texada,  Thomasson,  Todd,  Towles, 
Valentine,  Verrct.  Warren,  Williams,  of  East 
Baton  Rouge,  Wilkinson,  Wiltz— 61. 

Those  who  voted  in  the  negative  were  Messrs. 
Avegno.  Briscoe,  Butler,  Cook,  Davidson,  of 
Livingston,  Fuqua,  Gill,  Hernandez,  Hodge, 
Johnson,  Kidd,  Lawrence,  Marks,  of  Orleans, 
McClosky.  McNeely,  Mile^,  Perkins,  of  La- 
fourche, Serames,  Sparrow.  Swayze.  Tappan, 
Talbot.  Taliaferro,  Tucker.  Walker,  Williamflon, 
and  York— 29. 

Yeas  :  81  .  nays,  29. 

Therefore  Mr.  Johnson's  resolution  was  laid 
on  the  table. 

Mr.  Semmcs  submitted  the  following  resolu- 
tion : 

Resolved,  That  the  Committee  on  Military  and 
Naval  Affairs  be  instructed  to  inquire  into  and 
report,  as  soon  as  possible,  on  the  expediency 
and  necessity  of  sending  reinforcements  from 
Louisiana  to  Pensacola  to  aid  the  troops  of 
the  Republic  of  Florida  before  Fort  Pickens. 

Which  resolution,  on  motion  by  Mr.  Perkins, 
of  Madison,  was  laid  on  the  table. 

Mr.  Taylor  of  St.  Charles,  eubmitted  the  fol- 
loYing  resolution. 


28 


JOURNAL   OP  THE  CONVENTION 


Resolved,  That  the  Military  Board  created  by 
the  General  Assembly  at  its  late  extra  session, 
be  requested  to  report  to  this  Coiiventioa  such 
action  as  they  have  already  taken,  and 
such  recommeudations,  looking  to  the  organiza- 
tion of  a  military  force,  as  in  their  opinion  the 
interests  of  the  State  demand,  and  that  the 
Secretary  forward  a  copy  of  this  resolution  to 
the  president  of  the  board. 

Which  was  adopted. 

Mr.  Barbin  submitted  the    following    ordin- 
ance : 
AN  ORDINANCE  to   alter  the  Constitution  of 

the   Stale    of  Louisiana,   in  reference  to  the 

officers  of  the  State. 

We,  the  people  of  the  State  of  Louisiana,  in  Con- 
vention assembled,  do  declare  and  ordain,  and  it  is 
hereby  declared  and  ordained,  That  the  one  hundred 
and  twenty-sixth  article  of  the  Constitution  of 
the  State  of  Louisiana  be  and  the  same  is  hereby 
repealed. 

Which  ordinance,  on  motion,  was  referred  to 
the  Committee  on  State  Constitution  and  Pro- 
tection of  Private  Rights. 

Mr.  Stewart  submitted  the  following  resolu- 
tion, which  was,  on  motion,  referred  to  the 
Committee  on  Finance  and  Contingent  Expen- 
ses : 

Resolved,  That  the  exclusive  right  and  privilege 
of  this  Convention  be  and  the  same  are  hereby 
granted  to  Edwin  L.  Jewell,  to  have  engraved, 
lithographed  or  otherwise  copied,  the  Ordin- 
ance of  Secession,  lately  adopted  by  this  Con- 
vention. 

Mr.  Norton  then  offered  the  following  resolu- 
tions, viz  : 

Resolvtd,  That  the  delegates  from  the  State  of 
Louisiana  to  the  Convention  of  seceded  States, 
to  be  held  at  Montgomery,  Ala.,  on  the  4th  day 
of  February,  1861,  be  and  they  are  hereby  in- 
structed to  resist  every  and  any  attempt  to  re- 
open the  African  Slave  Trade,  under  the 
authority  of  any  Government,  Confederacy,  or 
Provisional  Government  which  shall  be  estab- 
lished by  said  Convention  of  seceded  States, 
and  to  protest,  in  the  name  of  the  State  of 
Louisiana,  against  any  Constitution  which  shall 
leave  the  subject  of  re-opening  the  said  trade 
a  question  for  popular  agitation  and  party 
•trife. 

Resolved,  That  our  delegates  aforesaid  be  fur- 
ther instructed  to  have  a  clause  inserted  in  the 
Constitution  of  any  Government  which  maybe 
ordainod  and  established  by  said  Convention  of 
seceded  States,  forever  prohibiting  the  intro- 
duction of  slaves  from  any  foreign  country, 
province  or  State,  after  the  1st  day  of  January, 
1862. 

Mr.  Miles  moved  to  lay  the  foregoing  resolu- 
tions on  the  table,  on  which  motion  Mr.  Norton 
demanded  the  yeas  and  nays,  which  resulted  as 
follows  : 

Yeas :  Messrs.  Anderson,  Barbin,  Barrow, 
Bermudez,Bienvenu,  Bonford,  Bonner,  Briscoe, 
Burton,  Butler,  Caldwell,  Cannon,  Cook,  Con- 
ner, of  Concordia,  Conner,  of  St.  Tammany, 
Davidson,  of  Livingston,  DeBlanc,  Dorsey, 
Duffel,  Dupre,  Elam,  Fuselier,  Gaudet,  Gladden, 


Gill,  Girard,  Gray,  Herron,  Hough,  Hodges 
Hollingsworth,  Johnson,  Kennedy,  Kidd,  La- 
batut,  Lagroue,  LeBourgeois,  Lewis  of  Clai- 
borne, Lewis  of  Orltans,  Manning,  Marks,  of 
Caddo,  Martin,  of  Assumption,  McCoUom,  Mc- 
Neely,  Melancou,  Meredith,  Miles,  Michel,  Mil- 
ler, Moore,  O'Bryan,  Patterson,  Perkins  of  La- 
fourche, Perkins,  of  Madison,  Pemberton.  Pier- 
sou,  of  Winn,  Polk,  Pugh,  llomau,  Roselius, 
Rozier,  Scott  of  Claiborne,  Semmes,  Slawson, 
Smith,  Sompayrac,  Sparrow,  Stockcr,  Swayze, 
Tappan.  Talbot.  Taylor,  of  St.  Landry,  Texad^, 
Todd.  Towlcs,  Tucker,  Valentine,  Verret,  War- 
ren. Wilkinson.  Williamson  and  York — -83. 

Nays  :  Messrs.  Carr,  Davidson,  of  Sabine, 
Eluee,  Estlin,  Fuqua,  Gardere,  Graves,  Griffio, 
Hernandez,  Hodge,  Lavrrence,  Marks,  of  Or- 
leans, McClosky,  Norton,  Olivier,  Pierson,  of 
Natchitoches,  Pike,  Provosty,  Richardson,  Scott 
of  East  Felicina,  Smart,  Stewart,  Taliaferro, 
Taylor,  of  St.  Charles,  Thomasson,  Walker,  Wil- 
liams, of  East  Baton  Rouge,  and  Williams,  of 
St.  Helena— 28. 

Yeas,  83  ;  nays,  28.  Consequently  Mr.  Nor- 
ton's resolution  was  laid  on  the  table. 

Mr.  Walker  submitted  the  following  resolu- 
tion : 

Resolved,  That  in  voting  to  lay  upon  the  table 
the  resolutions  offered  by  Mr.  H.  0.  H.  Norton, 
the  Delegate  from  New  Orleans,  relative  to  the 
slave  trade,  this  Convention  does  not  mean  to 
express  any  opinion  on  the  subject  of  said  reso- 
lutions, but  declines  to  give  any  instructions, 
touching  that  or  other  .subject.-;,  to  the  Dele- 
gates elected  to  the  Montgomery  Convention. 

Pending  the  debate  that  ensued  on  the  fore- 
going resolution,  Mr.  Lawrence  called  for  the 
previous  question,  which,  upon  being  put  to 
the  Convention,  was  carried. 

Mr.  Polk  moved  to  reconsider  the  vote  just 
taken,  which  waf«  carried. 

Mr.  Thomasson  then  offered  the  following  re- 
solution as  a  substitute  for  Mr.  Walker's  resolu- 
tion : 
A  RESOLUTION   instructing    the    Delegates 

from  Louisiana  to  the   Montgomery  Conven- 
tion in  regard  to  the  re-opening  of  the  African 

slave  trade  : 

Resolved,  That  the  Delegates  from  the  State 
of  Louisiana  to  the  Convention  of  Seceding 
States  ta  be  convened  at  Montgomery  in  the 
State  of  Alabama,  on  the  4th  day  of  February, 
18G1,  be  and  they  are  hereby  instructed  to  use 
all  their  influence  to  inhibit  by  Constitutional 
provisions  any  re-opening  of  the  African  slave 
trade. 

Mr.  Valentine  moved  to  lay  the  whole  subject 
on  the  table. 

On  which  motion  Mr.  Polk  demanded  the  yca« 
and  nays,  which  resulted  as  follows : 

The  yeas  were  Messrs.  Barbin,  Bienvenu,  Bon- 
ner, Briscoe,  Burton,  Butler,  Cannon,  Carr, 
Cook,  Declouet,  DeBlanc,  Duflel,  Dupre,  Gill, 
Girard,  Gray,  Griffin,  Hernandez,  Herron. 
Hough,  Hodges,  HoUinsworth,  Johnston,  Kidd, 
Labatut,  Lagroue,  Lewis,  of  Claiborne,  Lewis, 
of  Orleans,  Marks,  of  Caddo,  Meredith,  Miles, 
Miller,  O'Bryan,  Perkins,  Pemberton,  Pierson, 


OP  THE   STATE  OP  LOUISIANA. 


29 


of  Winn,  Roselius,  Rozier,  Slawson,  Sompayrac, 
Sparrow.  Stocker.  Swayze,  Taylor  of  St.  Lan- 
dry, Vak'titine,  Verret,  AVarrun,  Williamson 
and  Wilkinson — 49. 

Thi:*  nuys  were  Mess^rs.  Anderson,  Barrow, 
Bermudez.  Bonford,  Caldwell.  Connelly,  Con- 
ner, of  Concordia,  Conner  of  St.  Tammany,  Cott- 
m»n,  Davidson,  of  Livingston,  Davidson,  of 
iSabine.  Dorsey.  Elam,  Fuselier,  Fnqua.  Gardere, 
Gaudct,  Gladden.  Graves.  Ilodge,  Kennedy, 
Lawrence,  LeBourgeois,  Manning,  Marks,  of 
Orloans.  Martin,  of  Assiimption,  McClosky. 
McCollom.  McFarland.  McNeely, Moore,  Norton, 
Olivier,  Patterson.  Perkins,  of  Lafourche, 
Pierson,  of  Natchitoches.  Pike.  Polk,  Pugh. 
Richardson,  Roman,  Scott,  of  Claiborne.  Scott, 
of  East  Feliciana.  Semmea.  Smith,  Smart,  Stew- 
art, Tappan,  Taliaferro,  Taylor,  of  St.  Charles. 
Texada,  Tbomasson.  Todd,  Towles.  Tucker, 
Walker,  Williams,  of  East  Baton  Rouge,  and 
York— 58. 

Yeas,  49  ;  nays,  58. 

Mr.  Valentine's  motion  to  lay  on  the  table 
was,  therefore,  refused. 

The  question  occurring  on  Mr.  Thomasson's 

substitute,  Mr. demanded  the  yeas   and 

nays  thereupon,  which  resulted  as  follows,  viz: 

The  yeas  were  Messrs,  Carr,  Conner  of  St. 
Tammany,  Davidson  of  Sabine,  Fuqua.  Gar- 
dere, Grififin,  Hodge,  Kidd.  Norton,  Perkins  of 
Lafourche,  Pierson  of  Natchitoches,  Pike,  Polk, 
Richardson,  Rozier,  Scott  of  Claiborne,  Scott 
of  East  Feliciana,  Smart,  Stewart,  Stocker. 
Taliaferro.  Taylor  of  St.  Charles.  Thomasson. 
Tucker,  Williams  of  East  Baton  Rouge — 25. 

The  nays  were  Jfcssrs.  Anderson.  Barrow, 
Barbin.  Bermudez,  Bienvenu,  Bonner,  Briscoe. 
Burton.  Butler,  Caldwell,  Cannon,  Cook,  Con- 
ner of  Concordia,  Cottman,  Davidson  of  Liv- 
ingston, Declonet,  DeBlanc,  Dorsey,  Duffel. 
Dupre,  Elam,  Fuselier,  Gaudet,  Gladden,  Gill 
Girard,  Graves.  Gray,  Hernandez,  Herron. 
Uodges,  Hollingsworth,  Johnston,  Kennedy. 
Labatut,  Lawrence,  Lagroue,  LeBourgeois. 
Lewis  of  Claiborne,  Lewis  ot  Orleans,  Man- 
ning, Marks  of  Caddo.  Marks  of  Orleans.  Martin 
of  As.suinption,  McCloskey,  McCollom,  McFar- 
land. McNoely  Melancon,  Meredith.  Miles, 
O'Bryan,  Olivier,  Patterson,  Perkins  of  Madi- 
son, Perkins  of  (Orleans,  Pemberton,  Pierson  of 
Winn,  Pugh.  Roman,  Roselius.  Semmes.  Smith. 
Sompayrac.  Sparrow,  Swayze,  Tappan,  Talbot, 
Taylor  of  St.  Landry,  Texada.  Todd.  Towles. 
Valentine,  Verret,  Warren.  Walker,  Williamson. 
Wilkinson,  Wiltz  and  York — 82. 

Yeas,  25;  nays,  82. 

Mr.  Fuqua  then  submitted  the  following 
resolution  as  a  substitute  for  Mr.  Walker's 
resolution  : 

Kaolved.  That  although  in  the  opinion  of  this 
Convention  the  people  of  Louisiana  are  unal- 
terably opposed  to  reopening  the  African  slavo 
trade,  they  are  unwilling  to  instruct  their  dele- 
>;ates  to  the  Montgomery  Convention  upon 
this  or  any  other  subject. 

Mr.  Semmes  moved  to  lay  Mr.  Fuqua's  reso- 
lutioD  on  the  table,  on  which  motion  the  yeas 


and  nays  were  demanded,  and  resulted  as 
follows  : 

The  yeas  were  Messrs.  Anderson,  Barbin, 
Barrow,  Bermudez,  Bienvenu,  Bonner,  Briscoe, 
Burton,  Butler,  Caldwell,  Cannon.  Cook.  Con- 
ner of  Concordia,  Conner  of  St.  Tammany,  Dav- 
idson of  Livingston.  Declouet,  DeBlanc,  Dorsey, 
Elam.  Fuselier.  Gladden,  Gill,  Gray,  Hernan- 
dez, Herron,  Hodges,  Hollingsworth,  Kennedy. 
Lawrence.  Legroue.  LeBourgeois,  Lewis  of 
Claib<n-ne,  Liwisof  Orleaup.  Marks  of  Caddo, 
Martin  of  Assumption,  McFarland,  Melancon, 
Meredith,  Miles,  Michel,  Miller,  O'Bryan,  Oli- 
vier, Perkins  of  Madison,  Pierson  of  Winn, 
Roman,  Roselius,  Semmes,  Smith.  Swavze.  Tal- 
bot, Taylor  of  St.  Landry.  Todd.  Towles.  Val- 
entine. Verret.  Warren.  Walker,  Williamson. 
Wilkinson.  Wiltz.  York -til. 

The  nays  were  Messrs.  Carr.  Connelly,  Cott- 
man, Davidson  of  Sabine,  Duflfel,  Dupre.  Fuqua, 
Gardere.  Gaudet.  Girard.  Graves,  GriflSn, 
Hough,  Hodge,  Kidd,  Labatut.  Manning.  Marks 
of  C)rleans.  McCloskey.  McCollom.  McNeely, 
Norton,  Patterson.  Perkins  of  Orleans.  Pierson 
of  Natchitoches.  Pike.  Polk.  Richardson,  Rozier, 
Scott  of  Claiborne,  Scott  of  East  Feliciana, 
Smart,  Sompayrac,  Stewart,  Stocker.  Taliaferro, 
Taylor  of  St.  Charles,  Texada,  Thomasson,  Wil- 
liams of  East  Baton  Rouge — 41. 

Yeas,  61;  nays.  ■11. 

Mr.  Hodge  then  submitted  the  following  as  a 
substitute  fur  Mr.  Walker's  resolution  : 

Netolved,  That  the  people  of  the  State  of 
Loui-siana  are  opposed  to  re-opening  the  Afri- 
can slave  trade. 

Mr.  Williamson  moved  to  lay  Mr.  Hodge's 
substitute  on  the  table,  and  demanded  the  yeas 
and  nays  thereon,  which  resulted  as  follows  : 

The  yeae  were  Messrs.  Anderson,  Barbin, 
Barrow,  Bermudez,  Bienvenu,  Bonner.  Briscoe, 
Burton.  Butler,  Caldwell,  Cannon.  Conner  of 
Concordia.  Conner  of  St.  Tammany,  Davidson  of 
Livingston,  Declouet,  DeBlanc.  Elam.  Fuselier, 
Gladden.  Gray,  Hernandez,  Herron.  Hodges, 
Hollingsworth.  Johnston.  Kennedy.  Lawrence. 
Lagroue.  LeBourgeois.  Lewis  of  Claiborae. 
Lewis  of  Orleans,  Marks  of  Caddo,  Martin  of 
t^'arroll.  McFarland,  Meredith,  Miles,  Michel, 
Miller,  O'Bryan,  Olivier,  Perkins  of  Madison. 
Pierson  of  Winn,  Pugh,  Roman,  Semmes,  Slaw- 
son, Smith,  Sparrow,  Swayze.  Talbott.  Todd, 
Towles.  Valentine,  Verret,  Warren.  Walker, 
Williamson,  Wilkinson  and  York — 51). 

The  nays  were  Messrs.  Bonford,  Cook.  Con- 
nelly, Davidson  of  Sabine,  Duffel,  Dupre,  Fuqua, 
Gardere.  Gaudet,  Gill,  Girard,  Graves,  Griffin, 
Hough,  Hodge,  Kidd,  Manning,  Mafks  of  Or- 
leans, Martin  of  Assumption,  McCloskey,  Mc- 
Collom, McNeely.  Melancon,  Moore,  Norton, 
Patterson.  Perkins  of  Lafourche,  Perkins  of 
Orleans,  Pierson  of  Natchitoches,  Pike,  Polk, 
Richardson,  Roselius,  Rozier,  Scott  of  Clai- 
borne. Scott  of  East  Feliciana,  Smart,  Sompay- 
rac, Stewart,  Stocker,  Tappan.  Taliaferro, 
Taylor  of  St.  Charles,  Taylor  of  St.  Landry, 
Texada.  Thomasson,  Tucker,  Williams  of  East 
Baton  Rouge  and  Wiltz — 49 

Yeas,  69,  nays,  49. 


80 


JOURNAL   OP  THE  CONVENTION 


Consequently  Mi-.  Hodges'  substitutes  was 
laid  on  the  table. 

Mr.  Olivier  then  moved  the  previous  ques- 
tion, which  was  carried,  and  on  motion  by  Mr. 
Olivier,  Mr.  Walker's  resolution  was  then 
adopted. 

Mr.  Roselius  offered  the  following  resolution, 
which,  on  his  motion,  was  adopted : 

Baolved,  That  the  President  of  this  Conven- 
tion is  hereby  instructed  to  furnish  to  the 
Delegates  to  the  Convention  to  bo  held  in 
Montgomery,  their  credentials  in  proper  form. 

On  motion  by  Mr.  Olivier,  the  ordinance  re- 
ported by  the  Committee  on  State  Constitution 
and  Protection  of  Private  Rights,  was  ordered 
to  be  printed  and  made  the  special  order  of 
12  o'clock,  M.,  to-morrow,  1st  February. 

The  President  then  announced  that  in  com- 
pliance with  a  resolution  heretofore  adopted, 
with  regard  to  Commissioners  to  be  sent  to 
other  States,  he  had  appointed  Mr.  Williamson 
of  Caddo,  in  behalf  of  Louisiana,  Commissioner 
to  the  State  of  Texas. 

On  motion,  the  Convention  then  adjourned. 
J.  T.  WHE.\T,  Secretary. 

Friday,  February  1,  18G1. 

The  Convention  met  pursuant  to  adjourn- 
ment. 

Hon.  A.  Mouton,  President,  in  the  chair. 

After  prayer,  offered  by  Rev.  Mr.  Perche. 
the  roll  was  called,  and  108  delegates  found  to 
be  present. 

During  the  call  of  the  roll,  Mr.  Briscoe 
stated  as  the  cause  of  the  detention  from  the 
Convention  of  his  colleague,  Mr.  Peck,  that  he 
was  severely  indisposed. 

The  journal  of  yesterday,  having  been  read, 
was  approved. 

The  President  then — in  accordance  with  a 
resolution  passed  yesterday  by  the  Conven- 
tion—presented a  communication  from  the 
Governor,  containing  a  report  of  the  Military 
Board. 

On  motion  of  Mr.  Estlin,  this  communica- 
tion and  report  were  referred  to  the  Committee 
on  Military  and  Naval  Affairs. 

In  accordance  with  a  resolution  passed  here- 
tofore, the  President  appointed  a  committee  of 
five  to  confer  with  the  Governor,  which  com- 
mittee was  composed  of  the  following  gentle- 
men :  Messrs.  J.  K.  Elgee,  Jules  G.  Olivier, 
John  Pemberton,  J.  L.  Lewis  of  Claiborne, 
and  L.  P.  Conner  of  Concordia. 

Mr.  Elgee  presented  the  following  resolution, 
which  was  adopted : 

Resolved,  That  the  injunction  of  secresy  be 
removed  from  the  proceedings  of  this  Conven- 
tion held  on  the  29  th  ult. 

On  motion  of  Mr.  Bush,  the  action  of  the 
Convention  on  Mr.  Elgee's  resolution  was  re- 
considered, and  further  action  of  the  Conven- 
vention  postponed. 

Mr.  Bouford  then  offered  the  following  reso- 
lution, which  was  adopted  : 

Resolved,  That  there  be  added  to  the  standing 
committees  of   this  Convention,  a  Committee 


on  Public  Lands,  to  be  composed  of  seven 
members. 

In  accordance  with  which  resolution  the 
President  appointed  the  following  gentlemen 
as  the  committee  :  Messrs.  J.  K.  Elgee.  C. 
Swayze,  J.  B.  Elam,  W.  R.  Barrow,  R.  B.  Todd 
and  H.  M.  Poll;. 

Mr.  Wilkinson  offered  the  following  resolu- 
tion, and  moved  it  be  referred  to  the  Com- 
mittee on  Coravuerce,  etc.,  which  was  carried  : 

Resolved,  That  the  Collector  of  the  Port  of 
New  Orleans  bo  authorized,  by  and  with  the 
assent  of  the  Governor  of  the  State,  to  pay  the 
arrearges  due  to  officials  and  employes  of  tlie 
United  States  Government,  on  account  of  ser- 
vices rendered  upon  the  public  works  of  this 
State,  and  for  supplies  furnished  in  construc- 
tion of  said  wurks. 

Mr.  Conner  of  St.  Tammany,  offered  the  fol- 
lowing resolution,  which  was  ordered  to  lie  over 
under  the  rulet^  : 

Resolved,  That  the  rules  for  the  government 
of  this  body  bo  so  amended  as  to  require  all 
ordinances  involving  in  any  manner  the  future 
policy  of  Loui.-iana,  to  lie  over  one  day  before 
being  acted  upon  by  the  Convention. 

Mr.  Thomasson  offered  the  following  ordi- 
nance, which  v.-  IS  referred  to  the  Committee  on 
State  Constituilon  and  Private  Rights  : 

AN  ORDINANCE  to  amend   the  Eighty-first 

Article  of  tliO   Constitution  of  the  State   of 

Louisiana  : 

Be  it  ordained  by  the  people  of  the  Stale  of  Louis' 
iana  in  Convention  assembled,  That  the  81st  article 
of  the  Constitution  of  the  State  of  Loui.'^iaua 
be  amended  so  as  to  read  as  follows,  viz  : 

The  Judges  of  the  several  inferior  courts 
shall  be  elected  by  the  duly  qualified  voters  of 
their  respective  districts  or  parishes  ;  provided 
that  the  Legislature  may  provide  by  law  for 
the  selection  otherwise  of  special  judges  to  try 
recused  cases. 

Mr.  Tappan  then  offered  the  following  reso- 
lution, which  was  adopted  : 

Resolved,  That  the  Committee  on  Judiciary  be 
requested  to  report  an  ordinance  providing  for 
the  promulgation  of  the  ordinances  adopted  by 
this  Convention. 

Mr.  Perkins  of  Orleans,  presented  a  commu- 
nication from  Mr  J.  B.  Price,  and  moved  its 
reference  to  the  Committee  on  Postal  Affairs, 
without  reading,  which  was  carried. 

Mr.  Rozier,  as  the  chairman  of  the  committee 
appointed  to  consider  the  necessity  of  appoint- 
ing an  additional  Assistant  Secretary  of  the 
Convention,  poeiented  the  following  report, 
which  was  adopted  : 

The  committee  to  which  the  following  resolu- 
tion is  referred  :  '•  Be  it  resolved,  That  the  Sec- 
retary of  this  Convention  be  and  is  hereby 
authorized  to  appoint  an  additional  Secretary," 
beg  leave  to  report  that,  owing  to  the  late 
long  and  protracted  sessions  of  this  honorable 
body  and  the  great  length  of  the  proceedings 
which  have  to  be  recorded  in  the  journal  of  the 
proceedings,  the  heavy  amount  of  labor  to  be 
performed  at  night,  the  fatigue  imposed  on  the 


OF  THE   STATE  OP  LOUISIANA. 


SI 


Secretary  in  reading  aloud,  during  the  sitting 
of  the  Convention,  and  in  order  to  obtain  per- 
fect accuracy  and  dispatch  in  the  labors  by 
him  to  be  performed,  unanimously  and  strongly 
recommend  the  adoption  of  the  resolution. 

The  committee  beg  leave  to  state  that  the 
resolution  was  not  introduced  at  the  request  of 
the  Secretary ;  but  in  a  conference  had  with 
him,  at  our  solicitation,  he  has  confirmed  us  in 
our  opinion  of  the  necessity  of  the  additional 
aid  referred  to  in  the  resolution,  in  order  to 
enable  him  to  discharge  his  duties  in  a  manner 
creditable  to  himself. 

Mr.  Davidson  of  Sabine,  then  offered  the  fol- 
lowing resolution,  and  moved  its  reference  to 
the  Committee  on  Military  and  Naval  Affairs, 
which  was  carried : 

Resolved,  That  the  Committee  on  Military 
Affairs  be  instructed  to  report  to  this  Conven- 
tion as  to  the  expediency  of  purchasing  for  the 
State,  the  firmed  steamers  Marquis  de  la  Habana 
and  General  Miramon,  now  in  the  port  of  New 
Orleans. 

The  reports  of  Standing  Committees  being 
next  in  order, 

Mr.  DcBlanc.  on  behalf  of  the  Committoo  on 
Enrollment,  reported  the  enrollment  of  the 
ordinance  appointing  Delegates  to  Mont- 
gomery. 

The  hour  having  arrived  appointed  for  the 
considei'ation  of  the  report  from  the  Com- 
mittee on  State  Constitution  and  Protection  of 
Private  Rights,  that  had  been  made  the  special 
order  for  to-day  at  12  o'clock,  M..  Mr.  Moore 
moved  that  the  Couvention  proceed  to  the  con- 
Rideration  of  the  ordinance  reported  by  said 
Committee,  which  wa.=(  carried.  ymv^ 

Said  ordinance  was  then'taken  up  section  by 
section  :  ^ 

The  first  section,  whichis  as  follows,  was 
read  : 

1st.  That  article  tenth  of  the  Constitution  of 
this  State  be  altered  so  as  to  read  as  follows, 
to-wit  :  livery  free  white  male  who  has  at- 
tained the  age  of  twenty-one  years,  and  who 
has  been  a  citizen  and  a  resident  of  the  State 
twelve  months  next  preceding  the  election,  and 
the  last  six  months  thereof  in  the  parish  in 
■which  he  offers  to  vote,  shall  have  the  right  of 
voting,  but  no  voter  on  removing  from  one 
parish  to  another,  within  the  State,  shall  lose 
the  right  of  voting  in  the  former  until  he  shall 
have  acquired  it  in  the  latter  Electors  sh.-xll, 
in  all  cases,  except  treason,  felony  or  breach  ot 
the  peace,  be  privileged  from  arrest,  during 
their  attendance  at,  going  to,  or  returning  from 
elections. 

Mr.  Rozior  moved  to  amend  ."aid  section  by 
adding  to  it  the  following  proviso  :  , 

Provided  that  the  trie  intent  and  meaning  of 
this  ordinance  is  and  shall  be,  that  the  word 
citizen,  heretofore  used,  is  and  shall  be  to  mean 
and  include  all  persons  duly  naturalized,  pur- 
suant to  the  Constitutson  and  laws  of  the 
United  States  of  America,  prcvioas  to  the  date 
of  the  passage  of  the  ordinance  entitled  :  "  To 
dissolve  the  Union  between  the  State  of  Louis- 


iana and  other'  States  united  with  her  under 
the  compact  entitled  "  the  Constitution  of  the 
United  States.''  on  the  26th  day  of  January. 
18(il. 

Mr.  Bush  moved  to  amend  the  said  1st  sec- 
tion, also,  by  inserting  in  the  7th  line,  after 
the  word  '•  vote  "  the  words.  "  and  who  shall 
be.  or  may  hereafter  become  a  citizen  in  virtue 
of  the  ordinance  to  be  adopted  concerning 
citizenship." 

On  motion  of  Mr.  Rozier,  the  further  con- 
sideration of  this  section  was  postponed,  and  it, 
together  with  the  amendments  were  laid  over 
until  Monday  next,  and  were  made  the  specail 
order  of  the  day  at  12  o'clock.  M..  after  the  re- 
port of  the  Committee  on  Citizenship. 

The  second  section,  which  ia  as  follows,  was 
read : 

2d.  That  article  twelfth  of  the  Constitution 
of  this  State  be  altered  so  as  to  read  as  follows, 
to-wit :  No  soldier,  seaman  or  marine  in  the 
army  or  navy  of  this  State,  no  pauper,  no  per- 
son under  interdiction,  nor  under  conviction  of 
any  crime  punishable  with  hard  labor,  shall  be 
entitled  to  vote  at  any  election  in  this  State. 

Mr.  Perkins  of  Orleans,  moved  to  amend  this 
section  by  striking  out  in  the  second,  third  land 
fourth  lines  the  following  words  :  "  No  soldier, 
seaman  or  marine  in  the  array  or  navy  of  this 
State."' 

Mr.  Semmes  moved  that  the  said  section  and 
amendment  proposed  be  laid  on  the  table  sub- 
ject trt  call,  which  was  adopted. 

The  .3d  section  was  then  read,  which  is  as  fol- 
lows, and  was,  on  motion  by  Mr.  Olivier, 
adopted  : 

3d.  That  article  thirty-fourth  of  the  Consti- 
tution be  and  the  same  is  hereby  repealed. 

Section  4th  was  then  read.  A^hich  is  as  follows, 
and.  on  motion  of  Mr.  OliTier.  adopted  : 

4th.  That  article  thirty-sixth  of  the  Consti- 
tution br  altered  so  as  to  read  as  follows,  to- 
wit  :  '•  No  person  shall  be  eligible  to  the  office 
of  Governor  or  Lieutenant-Governor,  who 
shall  not  have  attained  the  age  of  2S  years, 
and  been  a  citizen  of  and  a  resident  within  the 
State  for  the  space  of  four  years  next  pre- 
cceding  his  election. 

Section  5th  was  then  read,  which  is  as  fol- 
lows, and.  on  motion  of  Mr.  Olivier,  wa."* 
adopted  : 

5th.  That  article  thirtv-nine  of  the  Constitu- 
tion be  and  the  same  is  hereby  repealed. 

Section  6th  was  then  read,  which  is  as  fol- 
lows, was  al.'^o,  on  motion  of  Mr.  Olivier, 
adopted  : 

Cth.  That  article  forty-six  of  the  Constitu- 
tion bo  altered  so  as  to  read  as  follows,  to-wit : 
He  shall  be  Commander-in-Chief  of  the  army 
and  navy  of  this  State,  and  of  the  militia 
thereof. 

The  7th  and  8th  sections  were  read,  and 
were,  on  motion  of  Mr.  Tappan,  recommitted 
for  further  report. 

The  9th  section  being  read,  is  as  follows, 
viz  : 

9th.  That   article  one  hundred  and  twenty- 


S2 


JOURNAL  OF  THE  CONrENTlON 


six  be  altered  so  as  to  read  as  follow?,  viz  : 
Any  citizen  of  this  State  who  shall,  after  the 
adoption  of  the  Ordinance  of  Secession  of  the 
State  of  Louisiana  from  the  Federal  Union, 
fight  a  duel,  with  deadly  weapons,  with  a  citi- 
zen of  this  State,  or  send  or  accept  a  challenge 
to  fight  a  duel  with  deadly  weapons,  cither 
within  this  State  or  out  of  it.  with  a  citizen  of 
this  State,  or  who  sh-iU  act  as  a  second,  or 
knowingly  aid  or  assist  in  any  manner,  those 
thus  offending,  shall  be  dcprivi  d  of  holding 
any  office  of  trust  or  profit,  and  of  enjoying 
the  right  of  suffrage  under  this  Constitution  ; 
and  the  office  of  any  State  officer,  member  of 
the  General  Assembly,  or  of  any  other  person 
holding  office  of  profit  or  trust  under  this  Con- 
stitution, and  the  laws  made  in  pursuance 
thereof,  sliall  be,  ipso  facto  vacated  l),y  the  fact 
of  any  such  person  committing  the  offense 
mentioned  in  this  article,  and  the  Legislature 
shali  provide  by  law  for  the  ascertaining  and 
declaration  of  such  forfeiture. 

Mr.  Briscoe  offered  as  a  substitute  for  the 
foregoing  section  the  following  resolution  , 

Resolved,  That  article  126  of  the  Constitution 
be  and  the  same  is  hereby  rejiealcd. 

Mr.  Thomasson  moved  to  lay  I\Ir.  Briscoe's 
substitute  on  the  table,  which  was  carried. 

The  question  recurring  upon  the  9th  section, 
as  reported,  it  was  adopted. 

Section  10th  was  then  read,  which  is  as 
follows  : 

lOtii.  That  article  one  hundred  and  twenty- 
seven  be  altered  so  as  to  read  as  follows,  to- 
wdt  :  The  Legislature  shall  have  power  to  ex- 
tend this  Constitution  and  the  jurisdiction  of 
this  State  over  any  territory  acquired  by  com- 
pact with  any  State  or  power. 

On  motion  of  Mr.  Herron.  said  section  wns 
amended  by  striking  out  in  the  fifth  line  all 
after  the  word  "  territory,"  and  inserting  in- 
stead, the  words,  "  which  may  be  acquired  by 
the  State  of  Louisiana." 

And,  on  motion,  by  Mr.  Herron.  the  10th 
section  as  amended,  was  adopted  : 

Section  11th  was  then  read,  and  is  as  follows  : 

11th.  That  article  one  hundred  and  twenty- 
eight  be  altered  so  as  to  read  as  follows,  to- 
wit :  None  of  the  lands  heretofore  grautcfl  by 
the  Congress  of  the  United  States  to  the  State 
of  Louisiana,  for  aiding  it  in  constrnciing  the 
necessary  levees  and  drains,  to  richi'iu  the 
swamp  and  overflowed  lands  iu  this  Sla;e,  shall 
be  diverted  from  the  purposes  for  which  they 
were  granted,  e.xcept  for  arming  and  defending 
the  State. 

Mr.  HoUingsworth  moved  to  amend  this 
section  by  adding  the  words,  "  that  any  and 
all  sums  thus  diverted  shall  be  subsequently 
restored." 

Which  amendment,  on  motion  by  Mr.  Marks 
of  Caddo,  was  laid  on  the  talde  ;  and,  on  mo- 
tion by  Mr.  Marks  of  Caddo,  the  said  11th  sec- 
tion was  adopted. 

On  motion  by  Mr.  Olivier,  the  ordinance  as 
amended,  was  adopted  as  a  Avhole,  excepting 
those  sections  that  had  been  referred  and  re- 
committed, and  is  as  follows,  viz  : 


ORDIXANCE. 
We  the  people  of  the  Slate  of  Louisiana,  in  Con- 
vention assembled,  do  declare  and  ordain,  and  it  is 
hereby  declared  arid  ordained. 

1.  That  article  thirty-fourth  of  the  Constitu- 
tion be  and  tiie  same  is  hereby  repealed. 

2.  That  article  thirty-sixth  of  the  Constitu- 
tion be  altered  so  as  to  read  as  follows,  to-wit : 
No  pcr.ion  shall  be  eligible  to  tlie  office  of 
Governor  or  Lieutenant-Governor  wlio  shall  not 
have  attained  the  age  of  28  years,  and  been  a 
citizen  and  resident  within  the  State  for  the 
space  of  four  years  next  preceding  his  election. 

?>.  That  article  thirty-nine  of  the  Constitution 
be  and  the  same  is  liereby  repealed. 

4.  That  article  forty-six  of  the  Constitution 
be  altered  so  as  to  read  as  follows,  to-wit  :  He 
shall  be  Commander-in-Chief  of  the  army  and 
navy  of  this  State,  and  of  the   militia  thereof, 

5.  That  article  one  hundred  and  twenty-six 
be  altered,  so  as  to  read  as  follows.  to-Avit : 
Any  citizen  of  this  State,  who  shall,  after  the 
adoption  of  the  Ordinance  of  Secession  of  the 
State  of  Louisiana  from  the  Federal  Union, 
fight  a  duel  with  deadly  weapons  with  a  citizen 
of  this  State,  or  send  or  accopt  a  challenge  to 
fight  a  duel  with  deadly  weapons,  either  within 
this  State  or  otit  of  it,  with  a  citizen  of  this 
State,  or  who  shall  act  as  second,  or  knowingly 
aid  or  assist  in  any  manner  those  thtis  offend- 
ing, shall  be  deprived  of  holding  any  office  of 
trust,  or  profit,  and  of  enjoying  the  right  of 
suffrage  under  this  Constitution  ;  and  the  office 
of  any  State  officer,  member  of  the  General 
Assembly,  or  of  any  other  person  holding  office 
of  profit  or  trust  under  this  Constitution,  and 
the  laws  made  in  pursuance  thereof,  shall  be. 
ipso  facto,  vacated  by  the  fact  of  any  such  per- 
son committing  the  offense  mentioned  in  this 
article,  and  the  Legislature  shall  provide  by 
law  for  the  ascertaining  and  ^declaration  of 
such  forfeiture. 

10.  That  article  one  hundred  and  twenty- 
seven  bo  altered  so  as  to  read  as  follows,  to- 
wit  :  The  Legislature  shall  have  power  to  ex- 
tend this  Constitution  and  the  jurisdiction  of 
this  State  over  any  territory  which  may  be 
acquired  by  the  State  of  Louisiana. 

11.  That  article  one  hundred  and  twenty- 
eight  be  altered  so  as  to  read  as  follows,  to- 
wit  :  None  of  the  lands  heretofore  granted  by 
the  Congress  of  the  United  States  to  the  State 
of  Louisiana,  ibr  aiding  it  in  constructing  the 
necessary  levees  and  drains,  to  reclaim  the 
swamp  and  overflowed  lands  in  this  State,  shall 
be  diverted  from  the  purposes  for  which  they 
were  granted,  except  for  arming  and  defending 
the  State. 

Mr.  Cannon  then  submitted  the  following 
resolution  : 

Resolved,  That  we,  the  duly  authorized  dele- 
gates in  General  Convention  assembled,  do 
hereliy  abolish  the  present  legislative  body, 
known  and  recognized  as  the  "  General  As- 
sembiy  "  of  the  State  of  Louisiana. 

Which  resolution,  on  motion  by  Mr.  Moore, 
was  laid  on  the  table. 

On  motion  of  Mr.  Walker,  the  doors  of  the 


OP   THE   STATE   OP   LOUISIANA. 


33 


Convention  were  closed,  and  the  Convention 
went  into  secret  session,  and,  after  remaining 
in  such  session  until  4  o'clock,  P.  M.,  the  Con- 
vention resumed  its  open  session,  when,  on 
motion,  the  Convention  adjourned. 

J.  T.  WHEAT,  Secretary. 

Saturday,  Feb.  2,  1861. 

The  Convention  met  pursuant  to  adjourn- 
ment, Hon.  A,  Mouton  presiding. 

After  prayer  by  the  Rev.  B.  S.  Dunn,  the  roll 
was  called,  and  88  members  were  found  to  bo 
present. 

During  roll  call,  Mr.  Taylor,  of  St.  Landry, 
gave  as  the  reason  for  Mr.  Dupr^'s  absence 
from  the  Convention,  that  he  was  quite  unwell. 

The  journal  was  then  read  and  approved. 

Mr.  Moore  moved  that,  in  calling  the  roll, 
the  names  of  those  delegates  who  had  been 
appointed  delegates  to  the  Montgomery  Con- 
vention be  dispensed  with  until  further  orders, 
which  motion  was  carried. 

At  the  suggestion  of  the  President,  the  jour- 
nal of  the  proceedings  of  the  Convention  had, 
on  the  29th  ult.,  was  read,  and,  there  being  no 
objection,  it  was  approved. 

Mr.  Gladden  offered  a  resolution  to  amend 
the  "rules  and  regulations"'  of  the  Convention, 
which  was  ordered  to  lie  over  under   the  rules. 

Mr.  Adams  offered  the  following  resolution, 
which  was  adopted  : 

Raolved,  That  the  Committee  on  Commerce, 
Revenue  and  Navigation  be  instructed  to  com- 
municate with  the  Hon.  F.  H.  Hatch,  Collec- 
tor of  the  Port  of  New  Orleans,  for  the  purpose 
of  obtaining  from  him  such  data  and  statistics 
in  regard  to  the  revenues  and  commerce  of  the 
Southwest,  as  well  as  of  the  operations  of  his 
department  generally,  as  may  be  valuable  to 
this  Convention. 

Mr.  Michel  presented  an  ordinance  relative 
to  the  citizenship  of  those  persons  who  had 
enlisted  in  the  army  and  navy  of  Louisiana, 
and  who  were  not  citizens  at  the  time  of  the 
passage  of  the  Ordinance  of  Secession,  which 
was  referred  to  the  Committee  on  Citizenship. 

Mr.  Taylor,  of  St.  Charles,  then  presented  the 
following  resolution,  which  was  adopted  : 

Resolved,  That  this  Convention  approves  of 
the  action  of  the  Military  Board  of  the  State  of 
Louisiana  in  organizing  an  enlisted  force  of 
five  hundred  men  for  four  mouths  to  take  charge 
of  and  hold  the  forts  and  arsenals  ;  and  that 
it  also  aproves  of  the  action  of  said  board  in 
taking  charge  of  the  several  military  ofiices  of 
the  United  States  in  this  city. 

Mr.  Taylor,  of  St.  Charles,  then  presented  an 
ordinance  for  the  establishment  of  a  regular 
military  force  for  the  State  of  Louisiana,  repor- 
ted by  him  as  chairman  of  the  Committee  on 
Military  and  Naval  Affairs,  which,  being  read, 
was,  on  motion,  ordered  to  be  printed,  and 
made  the  special  order  of  the  day  for  Tuesday 
next,  at  12  o'clock  M. 

Mr.  DeBlanc,  in  behalf  of  the  Committee  on 
Enrollment,  reported  that  the  following  ordi- 
oancefl  had  been  duly  enrolled,  viz  :  An  ordi- 

E 


nance  to  authorize  the  President  to  appoint  a 
committee  of  five  to  take  an  inventory  of  all 
property,  money  and  effects,  delivered  into  tha 
possession  and  control  of  the  State  by  Federal 
officers  in  the  pari.-h  of  Orleans.  An  ordinance 
rohjliv.  ;v  h-  !  venues  collected  at  the  port  of 
Nhw  Ori'.bi;i.s.  A. >  ordinance  relative  to  Fede- 
ral law.-  and  oiHc  j  rs  in  the  State  of  Louisiana 
at  the  tluioofth'' .  i-ssagc  of  the  Ordinance  of 
Secession.  An  ordinance  to  amend  the  Consti- 
tution of  the  State  of  Louisiana. 

Air.  Estlin  then  offered  the  following  resoln- 
tion,  which  was  referred  to  the  Committee  on 
Commerce,  Revenue  and  Taxation  : 

Resolved,  That  the  Committee  on  Commerce 
be  instructed  to  report  on  the  expediency  of 
reporting  an  ordinance  to  exempt  from  taxa. 
tion  all  capital  and  property  employed  in 
manufacturing  within  the  State  of  Louisiana 
for  the  term  of  five  years. 

On  motion  of  Mr.'Scmmes,  the  Convention 
then  went  into  secret  session,  and  remained  in 
such  session  until  3  o'clock  P.  M, 

After  the  expiration  of  the  secret  session, 
the  doors  of  the  Convention  having  been  open- 
ed, Mr.  Miles,  of  Orleans,  presented  two  resolu- 
tions, which  were  ordered  to  be  printed  and 
made  the  special  order  of  the  day  at  12  o'clock 
M..  on  Weduc,=;day  next. 

On  motion  of  Mr,  McNeely,  the  Convention 
adjourned  till  10  o'clock  A.  M.  Monday  next. 
J.  T.  WHEAT,  Sec'y. 


MoxDAY,  Feb.  4,  1861. 

Tho  Convention  met  pursuant  to  adjourn- 
ment ;  the  Hon.  A.  Mouton  in  the  chair. 

After  prayer  by  tho  Rev.  Mr.  Goodrich,  the 
roll  was  called,  and  96  delegates  found  to  be 
present. 

The  journal  of  the  proceedings  OQ  the  2d 
inst.  were  then  read  and  approved. 

Mr.  Elgee  offered  the  following  resolution 
which  was  adopted. 

Resolved,  That  a  committee  of  three  members 
bo  appointed  to  report  to  this  Convention  on 
the  adoption  of  a  flag. 

The  Committee  under  this  resolution  is  com- 
posed of  Messrs.  Elgee,  Roman  and  Briscoe. 

Mr.  Stockcr  offered  a  resolution  amendatory 
of  the  rules  and  regulations  of  tho  Convention, 
which  was  ordered  to  lie   over  under  the  rules. 

Mr.  Elgee  offered  a  resolution  conferring  all 
legislative  powers  heretofore  delegated  to  our 
Congressmen  of  the  United  States,  on  the  Legis- 
lature of  this  State,  bo  f\ir  as  it  might  not  con- 
flict with  the  Constitution  thereof.  On  motion, 
said  resolution  was  ordered  to  be  printed  and 
refered  to  the  Committee  on  Judiciary. 

Mr.  Marks,  of  Caddo,  offered  the  following 
resolution,  which  was  lost : 

Resolved,  That  tho  Secretary  be  required  to 
have  printed  in  pamphlet  form  500  copies  of 
all  the  ordinances  and  resolutions  adopted  by 
this  Convention. 

Mr.  Richardson  offered  a  resolution  fixing 
Saturday  nest  as  the  day  of  adjournment,  and 


34 


JOURNAL   OP  THE  CONVENTION 


the  4th  proximo  ae  tho  day  of  the  re-assera- 
bling  of  the  Convention — said  resolution  was 
ordered  to  lie  over. 

Mr.  Tesada  offered  a  resolution  requiring  the 
Committee  on  State  Constitution  to  inquire 
into  the  expediency  of  appointing  a  Council  to 
aid  the  Governor  in  the  performance  of  his 
present  onerous  duties,  which  resolution  was, 
on  motion,  referred  to  said  Committee. 

The  reports  of  Standing  Committees  being 
next  in  order,  Mr.  Kennedy,  as  chairman,  re- 
ported in  behalf  of  tho  Committee  on  Citizen- 
ship, which  report  was  ordered  to  be  printed 
and  made  the  special  order  of  the  day  at  one 
o'clock,  P.  M.,  Wednesday  next. 

Mr.  Taylor,  in  behalf  of  the  Committee  on 
Militaiy  and  Naval  Affairs,  reported  unfavora- 
bly on  the  resolution  of  Mr.  Davidson  of  Sa- 
bine, authorizing  the  purchase  of  certain  armed 
vessels  now  in  the  port  of  New  Orleans. 

Mr.  Girard  offered  a  report  on  Patents, 
which,  on  motion  of  Mr.  Elam,  waa  ordered  to 
be  printed. 

The  unOnished  business  being  next  in  order, 
Mr.  Gladden 's  amendment  to  the  rules,  sub- 
mitted on  Saturday,  was  taken  up  and  lost. 

The  following  resolution  was  then  offered  by 
Mr.  Conner,  of  St.  Tammany,  whioh  was 
adopted  : 

Renolved,  That  the  rules  for  the  Government 
of  this  body  be  so  amended  as  to  require  all 
resolutions  or  ordinances  involving,  in  any 
manner,  the  i'uture  policy  of  Louisiana,  to  lie 
over  one  day,  and  to  be  printed  before  being 
acted  upon  by  the  Convention. 

On   motion   of  Mr.  Rozier,   the  Convention 
then  adjourned  until  Tuesday,  12  o'clock,  M. 
J.  T.  WHEAT,  Secretary. 


Tuesday,  February  6,  1861. 

The  Convention  met  pursuant  to  adjourn- 
ment, Hon.  A.  Mouton  in  the  chair. 

After  prayer  by  the  Rev.  Mr.  Goodrich,  of 
the  Episcopal  Church,  the  roll  was  called,  and 
one  hundred  delegates  found  to  be  present. 

The  journal  of  the  proceedings  had  the  day 
before  was  then  read  and  approved. 

Mr.  Marks,  of  Caddo,  presented  a  resolution 
requiring  the  Secretary  to  transmit  to  the  Sec- 
retary of  State  certified  copies  of  all  ordi- 
nances and  resolutions  adopted  by  the  Conven- 
tion, to  be  filed  in  his  office,  which  resolution 
was  referred  to  the  Judiciary  Committee. 

The  President  then  read  a  communication  to 
the  Convention  from  Mr.  Wm.  0.  Rogers,  in- 
viting the  delegates  of  the  Convention  to  visit 
the  Public  Schools  of  the  First  District  of  New 
Orleans.  The  invitation  extended  in  said  com- 
munication v/as,  on  motion  of  Mr.  Rozier,  ac- 
cepted by  the  Convention. 

Mr.  Texada,  in  behalf  of  the  Committee  on 
Commerce,  then  recommended  the  reference  of 
the  following  resolution  to  the  Committee  on 
Finance,  as  the  most  appropriate  committee  to 
consider  such  matters  : 

Resolved,  That  the  Committee  on  Commerce 
be  instructed  to  report  on  the  expediency  of 
reporting  an  ordinance  to  exempt  from  taxation 


all  capital  and  property  employed  in  manufac- 
turing within  the  State  of  Louisiana  for  the 
term  of  live  j^ears. 

The  recommendation  was  adopted,  and  the 
resolution  so  referred. 

On  motion  of  Mr.  Bonford,  of  the  Judiciary 
Committee,  the  ordinance  concerning  the  Cir- 
cuit and  District  Courts  established  in  the 
State  of  Louisiana  by  the  late  Government  of 
the  United  States  was  made  the  order  of  the 
day  on  Thursday,  at  12  o'clock,  M. 

Mr.  Briscoe,  from  the  Judiciary  Committee, 
reported  an  ordinance  relative  to  the  publica- 
tion of  tho  ordinances  and  journal  of  the  Con- 
vention, which  was  ordered  to  lie  over  under 
the  rules. 

Jlr.  ^{.  0.  H.  Norton,  from  a  special  committee 
heretofore  appointed,  then  made  the  following 
report,  which  was  adopted  : 

The  undersigned  committee,  appointed  by 
this  Convention  to  take  an  inventory  of  public 
property  in  the  hands  of  the  officers  of  the  late 
Federal  Government,  within  the  parish  of  Or- 
leans on  the  Ist^February,  18{il,  beg  leave  to 
report  that  they  have  examined  and  counted 
the  Sub-Treasurer's  vault  at  the  Mint.  The 
sum  of  four  hundred  and  eighty-three  thousand 
nine  hundred  and  eighty-three  98-100  dollars 
in  gold  and  silver  coin — now  in  the  custody  of 

A.  J.  Guirot,  an  ©fficer  of  the  State  of  Louis- 
ana;  and  they  would  further  report  that  in  the 
treasury  of  the  Mint  they  find  the  sum  of  one 
hundred  and  one  thousand  seven  liuuilred  and 
forty-five  81-100  dollars  in  gold,  silver  and 
copper  coins.  In  possession  of  Dr.  M.  F. 
Bonzano,  melter  and  refiner,  the  sum  of  one 
hundred  and  forty-threej  thousand  yix  hun- 
dred and  eighty-nine  and  85-100  dollars  in  gold 
and  silver  bullion  ;  and   in  possession   of  Dr. 

B.  F.  Taylor,  coiner,  the  sum  of  one  hundred 
and  seventy-two  thousand  eight  hundred  and 
seventy-five  86-100  dollars  in  gold  and  silver 
bullion,  making  an  aggregate  of  four  hundred 
and  eighteen  thousand  three  hundred  and 
eleven  62-100  dollars  in  the  Mint  proper,  in 
the  custody  of  A.  J.  Guirot.  treasurer.  It  is 
proper  furl  her  to  state  that  of  the  said  sum  in 
the  Mint,  three  hundred  and  eighty-nine  thou- 
sand two  hundred  and  sixty-seven  46-100  dol- 
lars is  regarded  as  the  permanent  bullion  fund; 
twenty-four  thousand  nine  hundred  and  ninety- 
two  68-100  dollars  is  reported  as  due  to  indivi- 
dual depositors,  and  tlie  remaining  four  thou- 
sand and  fifty-one  38-100  dollars  is  the  accumu- 
lated profit  on  coinage,  the  sum  of  which  profit 
has  heretofore  been  annually  withdrawn  Irom 
the  Mint  proper,  and  deposited  in  the  vault  of 
the  Sub-Treasurer. 

M.  O.  H.  NORTON.   Chairman. 

J.  SOMPAYRAC. 

FELIX  LABATUT. 

SID.  H.  GRIFFIN. 
Mr.  Norton,  of  the  same  committee,  also  re- 
ported   the   following    resolution,  which    was 
adopted  : 

Resolved,  That  a  copy  of  the  report  of  the 
committee  appointed  to  take  an  inventory  of 
public  property,  be  certified  by  the  President 


OP  THE  STATE  OP  LOUISIANA. 


35 


and  Secretary  and  fnrniBhed  to  A.  J.  Guirot  as 
a  Tonchcr  in  the  adjustment  of  his  accounts 
with  the  late  Federal  Government. 

And,  Mr.  Norton  also  offered  the  following 
reeolntion,  which  was  adopted  : 

Resolved,  That  the  Governor  of  the  State  be 
authorized  to  accept  a  satisfactory  bond  for 
one  hundred  thousand  dollars  from  A.  J. 
Guirot,  for  the  faithful  performance  of  his  offi- 
cial duties. 

Mr.  Semmcp,  from  the  Committee  on  Com- 
merce, presented  a  report  from  the  Collector, 
Mr.  Hatch,  which  was  ordered  to  be  printed  for 
the  use  of  the  Convention. 

The  same  memljer  made  a  further  report  from 
the  same  committee,  which  was  ordered  to  be 
printed,  and  made  the  special  order  of  the  day, 
Friday  next,  at  12  o'clock  M. 

Mr.  Manning,  from  the  Committee  on  Com- 
merce, presented  an  ordinance  for  the  protec- 
tion of  the  State  from  any  invasion  by  sea, 
and.  on  his  motion,  the  rules  were  saspendrd 
and  the  same  ordered  to  be  printed. 

Mr.  Elgee,  from  the  Committee  on  Public 
Lands,  presented  an  ordinance  relative  to  the 
public  domain  within  this  State,  which  was  read 
and.  on  motion,  by  Mr.  Ilodp?,  was  ordered  to 
to  be  printed  and  made  the  special  order  of  the 
day  for  2  o'clock,  P.  M..  to-morrow. 

The  President  then  announced  the  special 
order  of  the  day,  which  was  an  ordinance  from 
the  Comniittee  on  Military  and  Naval  Affiiirs, 
entitled  :  "  An  ordinance  for  the  establibhment 
of  a  regular  Military  force  for  the  State  of 
Louisiaua." 

On  motiofi   of   Mr.    Taylor,   the   same   was 
taken  up  section  by  section,  and  sections  one, 
two  and  three  were  adopted,  as  follows  : 
AN  ORDINANCE  for  the  Rstablishment  of  a 
regular  Military  Force  for  the  State  of  Lou- 
isiana. 

TFe,  the  people  of  Louisiana  in  Convention  as- 
tewhled,  do  ordain,  and  it  is  hereby  ordained  by  au- 
thority of  the  same  : 

1st.  That  immediately  after  the  passage  of 
this  ordinance,  there  shall  be  formed  a  regular 
military  force  for  the  protection  of  the  State, 
to  consist  of  one  regiment  of  artillery,  one 
regiment  of  infantry,  and  such  general  and 
staff  officers  as  arc  hereinafter  provided  for. 

2d.  That  the  regiment  of  artillery  shall 
consist  of  one  colonel,  who  shall  be  chief  of 
engineers  and  artillery,  one  lieutenant-colonel, 
two  majors,  one  of  whom  shall  be  chief  of  ord- 
nance, one  scrjeant-major,  and  eight  companies; 
each  of  which  shall  consist  of  one  captain,  two 
1st  lieutenants,  one  2d  lieutenant,  four  ser- 
geants, four  corporals,  four  artificers,  two  musi- 
cians, and  eighty-six  privates.  The  regiment 
of  infantry  shall  consist  of  one  colonel,  one 
lieutenant-colonel,  ,one  major,  one  sergeant- 
major,  and  eight  companies  ;  each  company 
shall  consist  of  one  captain,  one  1st  lientenant. 
two  2d  lieutenants,  four  sergeants,  four  cor- 
porals, two  musicians,  and  ninety  privates. 
Each  regiment  to  have  one  adjutant  appointed 
from  the  subalterns  of  the  line. 


3d.  That  there  shall  be  one  major-general, 
who  shall  have  rank  and  command  next  to  the 
commander-in-chief,  with  two  aids-de-camp  with 
the  rank  of  1st  lieutenant,  to  be  attached  as 
extra  subalterns,  to  the  regiment  of  the  line. 
One  adjutant  and  inspector-genera'i.  with  the 
rank  of  colonel,  and  one  assistant  adjutant- 
general,  with  the  rank  of  captain.  One  quar- 
lennaster-general,  with  the  rank  of  colonel, 
and  three  assistant  quartermasters,  with  the 
rank  of  captain.  The  duties  of  the  subsistence 
and  pay  ds^-partments  to  be  performed  by  the 
quartermaster's  department.  One  surgeon,  with 
the  rank  of  major,  and  three  assistants,  with  the 
rank  of  1st  lieutenant,  and  two  military  store- 
keepers and  twelv*-  enlisted  men  of  ordnance. 
On  motion  by  Mr.  Taylor,  the  4th  section  was 
amended  so  as  to  read  as  follows,  and  adopted 
as  amended  : 

4th.  That  all  the  commissioned  officers  pro- 
vided for  in  this  ordinance  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate,  and  the  enlisted  men 
shall  engage  to  serve  for  three  years,  unless 
sooner  discharged.  Provided,  that  the  Governor 
or  the  Legislature  shall  have  power  to  disband 
(his  force  v,h.  never  the  s.alety  of  the  Stat"  no 
longer  requires  its  services,  or  to  transfer  it 
to  such  confederated  government  as  the  State 
may  join. 

The  5th  and  6th  sections,  which  roads  as  fol- 
lows, were  adopted  : 

5th.  That  all  officers  and  loldiers  provided 
for  in  this  ordinance,  shall  receive  the  same 
pay  and  allowances  as  are  now  made  to  similar 
grades  and  corps  in  the  service  of  the  United 
States,  except  the  Major-Gencral,  who  shall 
only  receive  the  pay  of  Brigadier  General,  when 
commanding  in  that  grade. 

6th.  That  the  ru'.is  and  articles  of  war.  ss 
Ihey  exist  in  the  army  of  the  United  States,  arc 
hereby  adopted,  as  "far  as  applicable,  as  the 
military  code  for  the  government  of  all  land 
forces  which  are  now  or  may  be  in  the  ser- 
vice of  the  State,  and  that  the  Executive  be 
authorized  to  prepare  and  publish  such  regula- 
tions as  may  be  neces-^ary  for  the  service. 

The  7th  section  was  taken  up.  and  being 
amended  by  Mr.  Hodge  so  as  to  read  as  follows, 
was  adopted  : 

7th.  That  all  expenses  incurred  in  carrying 
this  ordinance  into  effect,  shall  be  defrayed  out 
of  such  appropriations  as  have  been  or  may  be 
made  by  the  Convention  or  the  Legislature  for 
military  purpoi>es.  the  money  to  be  drawn  from 
the  Treasury  on  warrants  of  the  chief  of  the 
disbursing  department,  approved  by  the  Audi- 
tor of  Public  Accounts,  who  shall  keep  cor- 
rect accounts  of  all  such  disbursements,  and 
shall  report  the  same  to  the  General  Assembly 
at  each  session  thereof. 

Mr.  Thomasson  offered  the  following  as  an 
additional  section  to  the  ordinance,  which  was 
adopted  : 

8th.  That  the  Legislature  of  this  State  may 
at  any  time  alter,  amend  or  abolish  any  of  the 
provisions  of  this  ordinance. 


86 


JOURNAL  OF  THE  CONVENTION 


On  motion  of  Mr.  Taylor,  tbo  ordinance  was 
then  adopted  as  a  whole. 

Mr.  Davidson,  of  Livingston,  offered  a  reso- 
lution relative  to  the  compensation  of  certain 
oflScers  of  the  Convention  previous  to  its  or- 
ganization, which  was  ordered  to  lie  over  under 
the  rules. 

Mr.  Richardson  called  up  from  the  unfinished 
business  his  resolution  ;  fixing  Saturday  next 
as  a  day  for  the  adjournment  of  the  Conveij- 
tion,  which  was  laid  on  the  table  subject  to  call. 

Mr.  Wilkinson  then  offered  a  resolution  rela- 
tive to  the  admission  into  the  Southern  Confed- 
eracy of  all  those  States  (the  New  England 
States  excepted)  which  might  adopt  the  Consti- 
tution of  the  said  Confederacy;  which  resolu- 
tion was  laid  over  under  the  rules. 

Mr.  Stocker  then  called  from  the  unfinished 
business  a  resolution  that  in  the  opinion  of  this 
Convention  there  is  no  necessity  for  this  body 
to  sit  hereafter  in  secret  session,  and  that  in 
case  a  motion  being  offered  to  go  into  secret 
session,  the  same  shall  not  be  adopted  unless 
two-thirds  of  the  members  vote  for  the  same. 

Mr.  Martin  moved  to  lay  the  said  resolution 
on  the  table,  when  Mr.  Stocker  demanded  the 
yeas  and  nays,  and  the  result  was  as  follows : 

Yeas  :  Messrs.  Adams,  Anderson,  Barrow, 
Bermudez,  Bonford,  Bonner,  Briscoe,  Burton, 
Butler,  Caldwell,  Carr,  Cook,  Connelly,  Cott- 
man,  Davidson,  of  Sabine,  DcBlanc,  Dorsey, 
Dupre,  Elam,  Elgee,  Fuselier,  Gardere,  Gaudet, 
Gladden,  Girard,  Graves,  Gray,  GriflQn.Herron, 
Hough,  Hodge,  Hodges,  Hollingsworth,  John- 
ston, Kennedy,  Kidd,  Labatut,  Lagroue,  Le- 
Bourgeois,  Lewis,  of  Claiborne,  Manning,  Marks 
of  Caddo,  Marks,  of  Orleans,  Martin  of  As- 
sumption, Martin,  of  Carroll,  McCollom,  Mc- 
Farland,  McNeely,  Miles,  Michel,  Miller,  Moore, 
Norton,  O'Bryan,  Olivier,  Perkins  of  Orleans, 
Peck,  Pemberton,  Pierson  of  Natchitoches, 
Pike,  Polk,  Pope,  Provosty,  Pugh,  Richardson, 
Scott  of  Claiborne,  Scott  of  East  Feliciana, 
Semmes,  Smith,  Smart,  Sompayrac,  Stewart, 
Swayze,  Tappan,  Talbot,  Taliaferro,  Taylor,  of 
St.  Charles,  Taylor  of  St.  Landry,  Texada, 
Thomasson,  Todd,  Towles,  Valentine,  Verret, 
Warren,  Walker,  Williamson — 87. 

Nays  :  Messrs.  Avegno,  Bienvcnu,'Bush,  Dor- 
sey, Hernandez,  LeBlanc,  Lewis  of  Orleans, 
Pattei'son,  Pierson  of  AViun,  Rozier,  Stocker, 
Tucker  and  Wiltz — 13. 

Yeas.  87;  nays,  13. 

Mr.  Manning  then  presented  a  resolution, 
which  was  read,  and  referred  to  the  Committee 
on  Po>tal  Atl'aiis. 

Mr.  Butler  preseutied  a  resolution  relative  to 
the  admission,  free  of  duty,  of  all  arms  and 
muuitiom  of  war,  which  was  referred  to  the 
Committee  on  Commerce,  etc. 

Mr.  Perkins,  of  Orleans,  presented  the  fol" 
lowing  resolution,  which  was  adopted  : 

Resolved,  That  the  Committee  on  Commerce, 
Revenue  and  Navigation,  be  instructed  to  in- 
quire into  and  report  upon  the  propriety  of 
granting  State  aid  for  the  purpose  of  securing 
direct  communication  by  steam  between  New 
Orleans  and  ports  in  Europe. 


Mr.  DeBlanc  moved  to  refer  a  series  of  resd- 
lutions,  heretofore  presented  by  him,  "  expres- 
sing the  causes  for  and  necessity  of  secession  " 
to  the  Committee  on  the  judiciary,  which  was 
carried. 

On  motion  of  Mr.  Connelly,  the  Convention 
adjourned. 

J.  T.  WHEAT,  Secretary. 


WEDNK.SDAT,  Feb.  6,  1861. 

The  Convention  met  pursuant  to  adjourn- 
ment. 

jHon.  A.  Mouton,  presiding. 

After  prayer  by  the  Rev.  Mr.  Walker,  the 
roll  was  called  and  ninety-sis  delegates  found 
present. 

The  minutes  of  yesterday  were  read  and 
adopted,  after  the  following  resolution  was,  on 
motion  of  Mr.  Manning,  ordered  to  be  spread 
upon  them  : 

Resolved,  That  the  Postmaster  at  Alexandria, 
in  the  parish  of  Rapides,  be  authorized  to  con- 
tract temporarily  for  carrying  the  mails  from 
that  town  to  Burr's  Ferry,  on  the  Sabine  river, 
by  way  of  Hineston,  Walnut  Hill  and  Huddles- 
ton. 

Mr.  Moore  offered  a  resolution  prescribing  a 
form  for  all  ordinances  passed  by  the  Conven- 
tion, which  resolution  was  referred  to  the  Judi- 
ciary Committee. 

Mr.  Dorsey  presented  a  resolution  to  amend 
the  123d  article  of  the  Constitution,  which  was 
referred  to  the  Committee  on  State  Constitu- 
tion. 

JMr.  Rozier  presented  an  ordinance  relative 
to  the  approbation  of  certain  sums  by  the  State 
for  the  promotion  of  educational  and  literary 
purposes,  which,  on  motion  of  Mr.  Bonner,  was 
laid  on  the  table. 

Mr.  Dorsey  offered  a  resolution  with  regard 
to  the  increased  mileage  of  delegates  from 
Baton  Rouge  to  New  Oi-leans,  which  was  or- 
dered to  lie  over  under  the  rules.- 

Mr.  Bush  presented  an  ordinance  "  defining 
the  power  of  the  Legislative  Department  over 
the  ordinances  of  this  Convention,"  which  was 
referred  to  the  Committee  on  Judiciary. 

Mr.  Herron  offered  a  resolution  empowering 
the  President  to  appoint  Commissioners  to  the 
States  of  North  Carolina,  Virginia,  Maryland, 
Kentucky,  Tennessee,  Delaware,  Arkansas  and 
Missouri,  for  the  purpose  of  urging  them  to 
co-operate  with  the  seceding  States,  which  reso- 
lution, on  motion  of  Lewis,  of  Claiborne,  was 
laid  on  the  table.  The  result  of  the  call,  made 
l>y  Mr.  Herron,  for  the  yeas  and  nays,  being  as 
follows  : 

Yeas  :  Messrs.  Anderson,  Barrow,  Bermudez, 
Bicnvenu.  Bouner,  Butler,  Caldwell,  Cannon, 
Carr,  Cottman,  DeBlanc,  Dutlel,  Dupre,  Elgee, 
Estlin,  Fuselier,  Gardere,  Gaudet,  Gray,  Griffin, 
Hernandez,  Hough,  Hodges,  Hollingsworth, 
Kennedy,  Kidd,  Labatut,  Lagroue,  LeBourgeois, 
Lewis  of  Bienville,  Lewis  of  Claiborne,  Lewis 
of  Orleans,  Marks  of  Orleans,  Martin  of  As- 
sumption, Magee,  McCollom,  McNeely,  Moore, 
O'Bryan,  Olivier,  Peck,  Pemberton,  Richardson, 


OF  THE   STATE  OF  LOUISIANA. 


37 


Roman,  Smith,  Sompayrac,    Stewart,  Stocker, 
Talbot,  Taliaferro,  Thomasson,  Towles,  Verret, 
Warren,  Walker.  Wilkinson,  Wiltz  and  York— 58. 
Nays  :  Messrs.  Briscoe,  Burton,   Bush,  Cook, 
I     ConnoUey,  Connor  of  Concordia,  Connor  of  St. 
'     Tammany,   Davidson  of  Livingston,  Davidson, 
'     of  Sabine,  Dorsey,  Elam,  Fuqua,  Garret.  Glad- 
I     den,  Gill,  Girard,  Graves,  Herron,  Hodge,  Le- 
I     Blanc,  Manning.   Marrero,    Marks,    of  Caddo, 
Martin,  of  Carroll,  McClosky,  Meredith,  Miles, 
[     Miller,  Norton,  Patterson,  Pierson  of  Natchi- 
toches,  Pierson  of  Winn,  Pike,  Polk,  Pope,  Ro- 
!     zier,  Scott  of  East  Feliciana,  Slawson,  Smart, 
Swayze,  Taylor,  of  St.  Charles,  Taylor,  of  St. 
Landry,    Texada,   Todd,  Tucker,  Williams,  of 
East  Baton  Rouge,  and  Williams  of  St.  Hel- 
ena— 47. 

BECAPrrTLATIOX. 

Yeas 58 

Nays 47 

Entire  vote 105 

Mr.  Lewis,  of  Claiborne,  presented  an  ordin- 
ance to  authorize  and  protect  the  citizens  of 
Louisiana  in  the  right  to  sell  by  themselves  or 
agents,  their  cotton,  sugar  and  other  ageicultu- 
ral  products  in  any  city  or  market  in  said  State. 
which  Mas  read  and  referred  t  j  the  Committee 
on  Commerce. 

Mr.  Stewart  offered  a  resolution  giving  to  Mr. 
Edwin  L.  Jewell  the  exclusive  privilege  of  lith- 
ographing or  engraving  the  Ordinance  of  Se- 
cession passed  by  the  Convention.  Mr.  Stewart 
moved  a  suspension  of  the  rules  and  the  adop- 
tion of  the  resolution,  which  motion  was  lost, 
and  the  resolution  ordered  to  lie  over  under  the 
rules. 

The  resolution  of  Mr.  Davidson,  of  Livings- 
ton, offered  the  day  before,  relative  to  the  com- 
pensation of  certain  officers  of  the  Convention, 
was  taken  up  and  referred  to  the  Committee  on 
Contingent  Expenses. 

Mr.  Polk  presented  an  ordinance  in  opposi- 
tion to  any  further  change  of  the  Constitution, 
which  was  ordered  to  lie  over  under  the  rules. 

The  special  order  of  the  day  was  then  taken 
up,  and  Mr.  Miles  reported  the  following  resolu- 
tions : 

Resolved,  That  in  electing  Jno.  Perkins,  Al- 
exander Declouet,  Chas.  M.  Conrad,  Duncan  F. 
Kenner,  E.  Sparrow  and  Henry  Marshall,  dele- 
gates to  the  Moutgomcry  Convention,  it  was 
the  object  and  purpose  of  this  Convention  to 
invest  said  delegates  with  authority  "  to  aid  in 
the  formation  of  a  Provisional  Government  on 
the  basis  of  the  Constitution  of  the  United 
States,  and  then  proceed  forthwith  to  consider 
and  propose  a  Constitution  and  place  foi*  a  Per- 
manent Government." 

Resolved,  That  t-aid  delegates  are  not  author- 
ized to  act  as  Senators  or  members  of  Congress 
under  the  Provisional  Government  created  by 
them,  or  to  constitute  themselves  in  any  man- 
ner a  portion  of  the  legislative  authority  under 
said  Provisional  Government. 

For  the  above  resolution  Mr.  Manning  intro- 
duced a  substitute,  which  he  withdrew. 

Mr.  Marks,  of  Caddo,  also  introduced  a  eub- 


stitute,  which  was  withdrawn,  and  Mr.  Hodge 
introduced  the  following  resolution  as  a  substi- 
tute for  the  original  resolutions,  which,  on  mo- 
tion of  Mr.  Provosty,  was  laid  on  the  table  : 

Resolved.  That  our  Senatorial  delegates  to  the 
Convention  at  Montgomery,  Alabama,  be  em- 
powered to  act  as  Senators  in  any  Congress 
which  may  assemble  under  any  Provisional 
Government  that  may  be  established  by  said 
Convention  ;  and  that  our  Representative  dele- 
gates to  said  Convention  be  and  they  are  hereby 
empowered  to  act  as  Representatives  in  said 
Convention. 

Mr.  Cottman  also  offered  a  substitute,  which 
was  ruled  out  of  order  as  presenting  subject 
matter  acted  on  before. 

On  motion  of  Mr.  Connor,  the  resolutions  and 
substitutes  were  then  laid  on  the  table,  the  re- 
sult of  a  call  for  the  yeas  and  nays  made  by 
him  being  as  follows  : 

Yeas:  Messrs.  Anderson.  Bermudez.  Bienvenu, 
Bonford.  Bonner,  Briscoe,  Burton.  Bush,  Butler, 
Caldwell,  Cannon,  Carr,  Cook,  Connelly,  Con- 
nor of  Concordia,  Connor  of  St.  Tammany. 
Cottman,  Davidson,  of  Livingston,  DeBlanc, 
Dorsey,  Duffel,  Dupre,  Elam.  EstHn.  Fuselier, 
Fuqua,  Gardere,  Gaudet,  Gladden,  Gill.  Girard, 
Gray.  Griffin,  Hernandez,  Hough,  Hollingsworth 
Labatut,  Lagroue,  LeBlanc.  LeBourgeois  Lewis 
of  Orleans,  Manning,  Marrero,  Marks  of  Or- 
leans, Martin,  of  Assumption.  Martin  of  Carrol, 
Magee,  McCollom.  Meredith.  Miller,  Moore,  Nor- 
ton, O'Bryan,  Olivier.  Patterson,  Perkins,  of 
Orleans,  Pemberton,  Peck,  Pierson  of  Natchi- 
toches. Pierson.  of  Winn.  Provosty,  Richardson, 
Roman,  Rozicr,  Scott  of  East  Feliciana.  Semmes, 
Slawson,  Smith,  Smart,  Sompayrac,  Stocker, 
Swayze,  Tappan,  Taliaferro,  Taylor  of  St. 
Charles,  Taylor,  of  St.  Landry,  Thomasson, 
Todd.  Tucker,  Verret,  Warren,  Walker.  Wilkin- 
son Wiltz  and  York — 85. 

Nays :  Messrs.  Adams,  Barrow,  Davidson  of 
Sabine,  Elgee.  Graves,  Herron,  Hodge,  Hodges, 
Kennedy,  Kidd,  Lewis,  of  Bienville,  Lewis,  of 
Claiborne,  Marks,  of  Caddo,  McFarland,  Mc- 
Neely,  Miles,  Michel,  Pike,  Polk,  Pope,  Scott  of 
Claiborne.  Stewart,  Texada,  Towles,  Williams 
of  East  Baton  Rouge,  and  Williams,  of  St. 
Helena— 26. 

Mr.  Manning  offered  the  following  resolution, 
which  was  ruled  out  of  order,  as  presenting 
similar  subject  matter  to  what  had  been  pre- 
viously acted  upon  : 

Resolved,  That  the  powers  conferred  upon  the 
delegates  elected  by  this  body  to  the  Montgom- 
ery Convention  are  defined  in  the  ordinance 
providing  for  their  election,  and  that  they  are 
restricted  to  the  exercise  of  said  power,  and  are 
not  authorized  to  constitute  themselves  a  por- 
tion of  a  congress  under  the  permanent  govern- 
ment to  be  established  by  said  Convention. 

The  report  from  the  Committee  on  Citizen- 
ship, heretofore  introduced  by  Mr.  Kennedy, 
chairman,  and  made  the  special  order  for  to-day 
at  10  o'clock,  was  then  taken  up  section  by 
section. 

Section  1st  being  read,  Mr.  Rozicr  proposed  to 
amend  said  eectioQ  by  adding  instead  of  "  or 


38 


JOURNAL   OP  THE  CONVENTION 


otherwise,"  the  words  '•'  under  any  of  the  laws 
of  the  late  Gorernment  of  the  United  States  ;'' 
which  amendment  v/as  lost. 

On  motion  of  Mr.  Elam,  the  vote  on  Mr.  Ro- 
zier's  amendment  was  reconsidered,  when  Mr. 
Elgee  moved  to  amend  Mr.  Rozier's  amendment 
by  inserting  the  words  "  by  the  laws  of  the  late 
United  States,"  and  the  voto  being  taken  on 
Mr.  Rozier  amendment,  it  was  lost. 

Mr.  Bienvenu  moved  to  amend  Section  1st  by 
striking  out  in  the  fourth  line  the  word  "  resi- 
dence," and  in  the  fifth  line  the  words  "  or 
otherwise,"  and  adding  in  lieu  thereof  "or  any 
of  the  laws  of  the  United  States  ;  and  all  white 
males  of  the  age  of  21  years  and  over,  then 
resident  and  being  within  the  limits  of  the  State, 
and  who  are  v/illing  now  to  take  the  oath  of 
allegiance."     ' 

Mr.  Connelly  moved  to  lay  said  amendment 
on  the  table,  and  Mr.  Bienvenu  called  for  the 
yeas  and  nays,  and  the  result  was  as  follows  : 

Yeas  :  Messrs.  Anderson.  Barrow,  Bermudcz, 
Bonford,  Bonner,  Briscoe,  l^urtoo.  Bush,  Butler, 
Caldwell,  Carr,  Cook,  Connelly,  Connor  of  Con- 
cordia, Davidson,  of  Livingston,  DeBlanc,  Dor- 
sey.  Duffel,  Dupre,  Elam,  Elgee,  Estlin,  Fuselier, 
Fuqua,  Gardere,  Garrett,  Gaudet,  Gladden, 
Girard,  Graves,  Gray,  Griffin,  Hodges,  HoUins- 
worth,  Johnston,  Kennedy,  Kidd,  Lagroue,  Le- 
Bourgeois,  Lewis,  of  Bienville,  Lewis,  of  Clai- 
borne, Lewis  of  Orleans,  Manning.  Marrero, 
Marks,  of  Caddo,  Marks,  of  Orleans,  Mar- 
tin, of  Assumption,  Martin,  of  Carroll,  Ma- 
gee,  McCoUum,  McFarland,  McNeely,  Miles, 
Michel,  Miller.  Moore,  Norton,  Olivier,  Perkins, 
of  Orleans,  Peck,  Pierson,  of  Natchitoches, 
Pike,  Polk,  Pope,  Provosty,  Richardson,  Roman, 
Rozier,  Scott,  of  Claiborne,  Scott,  of  East  Feli- 
ciana, Semmes,  Slawson,  Smith,  Smart,  Sompay-, 
rac,  Stewart,  Swayze,  Tappan,  Taliaferro,  Tay- 
lor of  St.  Landry,  Texada,  Thomasson,  Todd, 
Towles,  Tucker,  Valentine,  Verret,  Walker, 
Williams,  of  East  Baton  Rouge,  V^'illiams,  of  St. 
Helena,  Wilkinson,  Wiltz  and  York — 9.3. 

Nays :  Messrs.  Bienvenu,  Davidson,  of  Sabine, 
Herron,  O'Bryan,  Patterson  and  Pierson.  of 
Winn — 6. 

Consequently,  Mr.  Bienvenu"s  amendment  was 
laid  on  the  table. 

Mr.  McCoUom  moved  to  amend  th ;  first  sec- 
tion by  striking  out  in  the  fourth  ai.d  fifth  lines 
the  words  "  by  birth,  residence,  uatui.ilization 
or  otherwise,"  which  amendment  was  accepted 
by  the  chairman  of  the  committee,  and  became 
part  of  the  original. 

Mr.  Elam  moved  to  reconsider  the  vote  by 
which  Mr.  Bienvenu 's  amendment  had  been  laid 
on  the  table,  which  motion  was  lost. 

On  motion  of  Mr.  Kennedy,  Section  1,  which 
reads  as  follows,  was  adopted  as  amended  : 
AN  ORDINANCE  Concerning  Citizenship. 

We,  the  people  of  Louisiana,  zw  Convention  assem- 
bled, do  declare  and  ordain,  That  all  free  M'hite 
])ersons  embraced  in  the  following  classifica- 
lion  shall  be  deemed  and  considered,  and  are 
hereby  declared  to  be  citizens  of  Louisiana, 
viz  : 


1.  All  persons  who,  at  the  date  of  the  adop* 
tion  of  the  Ordinance  of  Secession,  viz  :  the 
twenty-sixth  day  of  January,  eighteen  hundred 
and  sixty-one  were  citizens  of  this  State. 

Section  2nd  being  taken  up,  it  was  adopted 
Vifithout  ol  j'jction,  and  reads  as  follows,  viz  : 

2.  Women  of  foreign  birth,  now  married,  or 
who  may  hereafter  be  married  to  citizens  of  this 
State,  and  who  haye  acquired  or  shall  ac- 
quire a  domicile  therein. 

The  3d  Section  being  read,  Mr.  Thomasson 
moved  to  amend  it  by  striking  out  the  provi- 
sions in  said  section.    Which  motion  was  lost. 

On  motion  of  Mr.  Bonner,  the  3d  section  was 
amended  by  inserting  the  word  "  so "  in  the 
fifth  line,  between  the  words  "  not "  and  "  de- 
scend." 

Mr.  Tappan  moved  to  re-commit  the  ordin- 
ance for  further  report.    Which  was  lost. 

Mr.  Garrett  moved  to  amend  the  said  section 
by  striking  out  in  the  fourth  line,  the  words, 
"  or  conception."  Which  was  carried.  And 
the  said  section,  as  amended,  was  then  ado^jted, 
and  reads  as  follows  : 

3.  All  persons  now  born  or  who  may  here- 
after be  born  out  of  the  limits  and  jurisdiction 
of  this  State,  whose  fathers  were,  or  shall  be,  at 
the  time  of  their  birth,  citizens  of  this  State : 
Provided,  however,  that  the  rights  of  citizenship 
shall  not  so  descend  to  persons  whose  fathers 
never  resided  in  this  State. 

Section  4th  being  taken  up,  Mr.  Herron  moved 
to  amend  by  inserting  in  the  fourth  line,  after 
the  word  "  thereof,"  the  following  words  :  "  or 
who  had  arrived  in  the  United  States  uuder  the 
age  of  18  years,  ard  had  continued  their  resi- 
dence therein  for  five  years  before  the  date  of 
the  Ordinance  of  Secession,"  which  amendment 
v>'as  accepted  by  the  chairman  as  a  part  of  the 
section. 

Mr.  Valentine  moved  to  insert  "  21  years  " 
instead  of  18,  which  was  lost,  and  the  section  as 
amended  was  adopted,  and  reads  as  follows : 

'L  Persons  of  foreign  birth  who  had,  at  the 
date  of  secession  aforesaid,  declared  their  in- 
tention to  become  citizens  of  the  United  States, 
uuder  the  naturalization  laws  thereof,  or  who 
had  arrived  in  the  United  States  under  the  age 
of  eighteen  years,  and  had  continued  their  resi- 
dence therein  for  five  years  before  the  date  of 
the  Ordinance  of  Secession,  and  who  shall 
comply  with  the  further  requirements  of  said 
laws,  which  for  that  purpose  and  to  tliat  extent 
are  hereby  adopted  as  laws  of  Louisiana,  with 
the  exception,  however  that  the  oath  to  be  taken 
by  the  applicant  shall  be  of  allegiance  to  the 
Stattj  of  Louisiana. 

Section  5th  being  taken  up,  Mr.  Todd  moved 
to  amend  by  striking  out  of  the  5th  line  the 
words  "  sixty  days,"  which  motion  prevailed, 
and  the  section,  as  amended,  was  adopted  and 
read  as  follows : 

5.  Children  of  persons  specified  in  the  prece- 
ding paragraph,  v/ho  shall  be  dwelling  in  this 
State,  and  he  under  the  age  of  twenty-one  years 
when  their  fathers  shall  be  naturalized  as  pro- 
vided in  said  paragraph,  and  shall,  after  att«iq- 


OP  THE   STATE   OF   LOUISIANA. 


39 


ing  the  ago  of  majority,  take  the  oath  of  alle- 
giance to  the  State. 

Section  6th  being  taken  up,  Mr.  Todd  moved 
to  amend  by  striking  out  f  11  after  the  word 
aforesaid,  in  the  5th  line,  and  insert  in  lieu 
thereof  the  following:  "and  also  those  who 
f<hall  have  come  into  the  State  to  reside  since 
the  date  of  secession  aforesaid,  and  shall  have 
resided  therein  for  the  term  of  twelve  months.'" 

Mr.  Bienveau  moved  to  amend  said  section  by 
striking  out  all  from  the  word  '"aforesaid"  in 
the  2nd  lino,  to  the  word  '-who."  in  the  ?>rd 
line,  and  inserting  the  word  "  or  "  between  the 
words  '•  may"  and  ''  have,"'  and  by  striking  out 
in  the  4(h  and  5th  lines,  the  words  "  at  anytime 
within  twelve  months  prior  to  the  date  of  se- 
cession aforesaid  ;""  and  by  striking  out  of  the 
(Uh  and  7ih  lines,  the  words  "  within  si.xty  days 
after  a  residence  of  twelve  months  therein,'' 
which  aniimdment  was  lost. 

On  motion  of  Mr.  Texada,  the  Convention 
then  adjourned. 

J.  T.  WHEAT,  Secretary. 


THiR.SD.iT,  February  7,  1861. 

The  Convention  met  pursuant  to  adjourn- 
ment, Hon.  A   Mouton  presiding. 

After  prayer  by  the  Rev.  Jlr.  Howard,  the 
roll  was  called  and  eighty-six!  members  an- 
swered to  their  names. 

During  roll-call  Mr.  Martin  of  Lafourche, 
explained  as  the  reason  of  the  detention  from 
the  Convention  of  .Mr.  McCollom,  that  his 
brother  was  then  scverclly  ill  in  the  city. 

The  journal  of  the  proceedings  was  then  read 
and  approved. 

The  President  having  ruled  that  the  order  of 
the  day  was  an  ordinance,  heretofore  reported 
by  Mr.  Briscoe,  on  behalf  of  the  Committee  on 
Judiciary,  for  the  promulgation  of  all  ordi- 
nances and  resolutions  adopted  l>y  the  Conven- 
tion, on  motion  of  Mr,SBi-iscoe,  said  ordinance 
was  then  taken  up. 

Mr.  Briscoe  moved  to  amend  the  3rd  section 
by  filling  the  blank  therein  by  inserting  the 
words  "  one  thousand,"'  and  the  4th  section  by 
inserting  the  words  "  one  copy  to  each  of  the 
Recosders  of  Parishes,""  and  substituting  the 
word  "  four  "  for  the  word  "  one  ""  as  applied 
to  each  of  the  Delegates  of  the  Convention. 
and  in  tlie  5th  section  by  filling  the  blank 
therein  with  the  words  "  thirty  days,"  which 
amendments  being  agreed  to.  and  the  question 
occuring  on  the  ordinance  as  amended,  it  was 
adopted,  and  reads  as  follows  : 
AN  ORDINANCE  relative  to  the   publication 

of  tlie  Ordinances  and  Journal  of  thcj  Con- 
vention. 

The  people  of  the  State  of  Louisiana  do  ordain  : 

Section  1.  All  ordinances  are  to  have  full 
effect  from  their  adoption,  except  when  other- 
wise ordt-red  ;  but,  in  order  that  due  publicity 
be  thereto  given,  the  ordinances  shall  be  pub- 
lished as  hereinafter  directed,  unless  otherwise 
ordered  by  tlie  Convention.  ^^^ 

Sec.  2.  The  Secretary  shall  deliver  to  [the 
Printer  of  the  Convention,  within  three  days 


after  adoption,  duly  certified  copies  of  all  or- 
dinances enacted,  and  the  Printer  shall,  within 
two  days  thereafter,  publish  the  same  in  the 
oflBcial  paper  separate  from  the  journal,  during 
ten  days,  in  the  same  manner  as  the  acts  of  the 
General  Assembly  are  published. 

Sec.  3.  "Within  thirty  days  after  the  final  ad- 
journment of  the  Convention,  the  Printer, 
shall  finish  and  deliver  to  the  Secretary  of  State 
1000  copies  of  the  Ordinances  and  Journal  of 
the  Conventio"',  printed  in  book  form,  on  good 
strong  book  printing  paper  :  the  ordinances  in 
long  primer  type,  solid,  each  page  fifty-seven 
lines  long,  including  running  title,  white  line 
under  it,  and  foot  line,  and  thirty  ems  in  width, 
and  the  journal,  made  up  ♦'rom  the  journal  as 
published  in  the  newspaper  in  minion  type, 
solid,  the  pages  to  be  eighty-one  lines  in  length 
including  running  title,  white  line  under  it, 
and  foot  line,  the  book  to  be  covered  and 
stitched,  in  the  same  manner  as  the  statutes  of 
the  State. 

Ssa  4.  Immediately  after  receiving  such 
books  the  Secretary  of  State  shall  forward  one 
copy  to  each  of  the  clerks  of  the  District 
Courts  in  the  State,  to  be  preserved  in  their 
offices  for  the  use  of  the  Courts  ;  one  copy  to 
each  of  the  Recorders  of  Parishes,  one  copy  to 
each  of  the  Police  Juries  of  the  State,  four 
copies  to  each  of  the  members  of  the  Conven- 
tion, and  the  remainder,  if  any,  he  shall  deposit 
in  the  office  of  the  State  Librarian. 

Sec.  5.  Within  thirty  days  after  the  adjourn- 
ment of  the  Convention,  sine  die.  the  Secretary 
shall  deliver  to  the  Secretary  of  State,  all  the 
enrolled  ordinances  of  the  Convention,  as  well 
as  the  manuscript  journal,  and  all  the  papers 
and  documents  in  his  possession,  which  the  lat- 
ter ofllcer  shall  carefully  keep  and  preserve, 
and  upon  which  ho  shall  endorse  the  day, 
month  and  year  of  tiling  in  his  oflace.  There- 
after the  Secretary  of  State  shall  grant  cer- 
tified copies,  in  the  same  manner  he  is  now  au- 
thorized to  do  relative  to  the  State  Statutes 
and  othf'r  official  papers  in  his  ofBce. 

yiv.  Wilkinson  called  up  a  resolution  offered 
by  him  on  a  previous  day,  relative  to  the  ad- 
mission of  States  into  the  Confederacy  to  be 
formed  of  the  seceding  States,  which  resolution 
was  made  the  epecial  order  of  the  day  for  Sat- 
urday next. 

Mr.  Dorsey  then  called  up  a  resolution  pre- 
viously offered  by  him,  relative  to  mileage  of 
the  delegates  from  Baton  Rouge  to  New  Or- 
leans, v.hich  reads  as  follows  : 

Resolved,  That  no  additional  mileage  be  al- 
lowed to  members  of  this  Convention  in  coming 
from  Baton  Rouge  to  the  city  of  New  Orleans. 

Mr.  Davidson  of  Sabine,  moved  to  amend 
the  above  resolution  by  striking  out  the  word 
"  no,"  and  the  result  of  a  call  for  the  yeas  and 
nays  by  Mr.  Dorsey,  on  this  motion,  was  as 
follows  : 

The  yeas  were  Messrs.  Bonner,  Briscoe,  Cald- 
well. C'aunon,  Carr,  Cook,  Connelly.  Conner  of 
St.  Tammany,  Davidson  of  Livingston,  David- 
son of  Sabine,  Elam,  Fuqua,  Gladden,  Gill, 
Graves,  Griffin,  Herron,  Hough,  HoUingsworth, 


40 


JOURNAL   OP  THE  CONVENTION 


Kennedy,  Kidd,  Lagroue.  LeBourgeois,  Lewis 
of  Claiborne.  Marks  of  Caddo,  McCuUom,  Mc- 
Neely,  Meredith,  Patterson,  Perkins  of  La- 
fourche, Pierson  of  Winn,  Pope,  Scott  of  Clai- 
borne, Scott  of  East  Feliciana,  Semmcs,  Slaw- 
son,  Smart,  Stocker,  Swayze,  Tappan,  Talbot, 
Taliaferro,  Thomasson,  Todd,  Towles,  Valen- 
tine, AVarren.  Williams  of  East  Baton  Rouge, 
Wilkinson  and  Wiltz— 50. 

The  nays  were  Messr.'.  Anderson,  Barrow, 
Bermudez,  Bouford,  Butler,  Conner  of  Concor- 
dia, DeBlanc,  Dorsey,  Duffel,  Dupre,  Elgee, 
Estlin,  Fuselier,  Gardere,  Girard,  Gray,  Her- 
nandez, Hodges,  Labatut,  Manning,  Marks  of 
Orleans,  Martin  of  Assumption,  Martin  of  Car- 
roll, Magee,  McCloskey,  Miller,  Moore, 
O'Bryan,  Olivier,  Pemberton,  Pike,  Richard- 
eon,  Roman,  Roselius,  Rozier,  Smith,  Som- 
payrac,  Stewart,  Taylor  of  St.  Charles, 
Taylor  of  St.  Landry,  Texada,  Tucker,  Ver- 
ret,  Walker  and  Williams  of    St.  Helena — 46. 

KECAPIXULATIOX. 

Yeas 50 

Nays 46 

The  amendment  was  consequently  adopted. 

Mr.  DeBlanc  offered  the  lollowing  as  an 
amendment  to  Mr.  Dorsey's  resolution  : 

Unless  by  that  adjournment  the  members 
claiming  additional  mileage  had  to  travel  a 
greater  distance  than  they  would  have  had  to 
do  had  the  session  of  the  Convention  been  held 
at  Baton  Rouge. 

Mr.  Herron  oflFered  the  following,  as  a  sub- 
etitute  for  the  original  resolution  and  the 
amendment,  which  was  adopted  : 

Resolved,  That  mileage  be  allowed  and  paid 
to  members  of  this  Convention  for  the  addi- 
tional miles  they  have  to  travel  in  consequence 
of  the  adjournment  from  Baton  Rouge  to  New 
Orleans. 

Mr.  Polk  then  called  up  the  following  ordi- 
nance, previously  offered  by  him  : 

Be  it  ordained,  That  this  Convention  is  unal- 
terably opposed  to  any  further  amendments  of 
the  Constitution  of  the  State  of  Louisiana  by 
this  Convention,  other  thali  those  already  re- 
ported by  the  Committee  on  Constitution. 

Mr.  Olivier  moved  to  lay  the  ordinance  on 
the  table,  which  was  carried,  the  result  of  a 
call  by  Mr.  Polk  for  the  yeas  and  nays  being 
as  follows  : 

Yeas  :  Messrs.  Anderson,  Barrow,  Bermudez, 
Bonford,  Briscoe,  Butler,  Caldwell,  Cannon, 
Carr,  Cook,  Connelly,  Conner  of  Concordia, 
Conner  of  St.  Tammany,  Cottman,  Davidson  of 
Livingston,  Davidson  of  Sabine,  DeBlanc,  Dor- 
sey, Dufl'el,  Dupre,  Elam,  Elgee,  Estlin,  Fuse- 
lier, Fuqua,  Gardere,  Gladden,  Girard,  Graves, 
Gray,  Griffi;i,  Herron,  Hough,  Hodge,  Hodges, 
Hollingsworth,  Johnston,  Kennedy,  Labatut, 
Lagroue,  LeBourgeois,  Lewis  ot  Claiborne, 
Marks  of  Caddo,  Marks  of  Orleans,  Martin  of 
Assumption,  Martin  of  Carroll,  Magee,  Mc- 
Closkey, McCoUom,  McNeely,  Meredith,  Miles, 
Michel,  Moore,  O'Bryan,  Olivier,  Patterson, 
Perkins  of  Lafourche,  Perkins  of  Orleans,  Peck, 
Pemberton,  Pierson  of  Winn,  Pike,  Polk,  Pro- 


vosty,  Richardson,  Roman,  Roselius,  Rozier, 

Scott  of  East  Feliciana,  Slawson,  Smith,  Smart, 
Sompayi-ac,  Stewart,  Swayze,  Tappan,  Talia- 
ferro, Taylor  of  6t.  Charles,  Taylor  of  St.  Lan- 
dry, Thomassor..  Towles,  Tucker,  Verret, 
Walker,  Williams  of  East  Batou  Rouge,  Wil- 
liams of  St.  Hel'na — 87. 

The  nays  were  Messrs.  Adams,  Bonner,  Kidd, 
Polk,  Scott  of  Claiborne,  Semme3,^Todd,  War- 
ren, Wilkinson  and  Wiltz— 10. 

r.fiCAmULATION. 

Yeas 87 

Naya IQ 

The  ordinance  was  consequently  laid  on  the 
table. 

The  next  business  before  the  convention 
being  the  undisjiosed  of  articles  in  Mr.  Ken- 
nedy's ordinance  on  citizenship,  Mr.  Todd 
withdrew  his  amendment  to  the  Cth  section, 
proposed  yesteriJay,  and  ofiered  the  following, 
which  was  acci  pted  by  the  chairman  and 
adopted  :  "  Presided  that  the  oath  of  alle- 
giance shall  not  bo  required,  after  the  form;i,- 
tion  of  a  Southern  Confederacy,  of  persons 
coming  into  thi.-s  State,  and  being  citizens  of 
said  Confederacy,  and  of  any  one  of  the  States 
composing  the  t;ime." 

Mr.  Elam  movi3d  further  to  amend  by  strikin;.; 
out  of  the  sixth  line  of  said  section  the  word.'), 
"  within  sixty  d^ys."     V/hich  was  adopted. 

The  question  recurring  on  the  section  thus 
amended,  it  was  adopted,  and  reads  as  follows  : 

0.  All  persons  being  citizens  of  the  United 
States  aforesaid ,  or  citizens  of  any  one  of  tho 
States  that  have  seceded  therefrom,  who  may 
have  come  into  this  State  to  reside  at  any  time 
within  twelve  months  prior  to  the  date  of  se- 
cession aforesaid,  and  who  shall,  after  a  resi- 
dence of  twelve  months  therein,  take  the  oath 
of  allegiance  to  this  State  ;  Provided,  that  the 
oath  of  allegiance  shall  not  be  required,  after 
the  formation  of  a  Southern  Confederacy,  of 
persons  coming  into  this  State  and  being  citi- 
zens of  said  Confederacy,  and  of  any  one  of 
the  States  composing  the  same. 

Mr.  Rozier  moved  to  recommit  the  entire  or- 
dinance for  I'urther  report.     Which  was  lost. 

Mr.  Fuqua  moved  to  insert  the  word  "8|iall" 
instead  of  "may,''  in  the  7th  section,  second 
line,  which  motion  was  carried,  and  the  sec- 
tion, as  amended,  roads  as  follows  : 

Be  it  further  ordmned.  That  the  oath  of  alle- 
giance shall  b(!  administered  in  open  court  by 
the  Judge  of  acy  one  of  the  District  Courts  of 
this  State,  and  sluiU  remain  of  record  in  a  book 
to  be  kept  for  that  purpose  by  the  clerk  of  tho 
court. 

Mr.  Bermudez  moved  to  reconsider  the  lid 
section,  which  motion  prevailed,  and  the  same 
member  moved  to  amend  the  said  section  by 
inserting  the  Avords  "or  conception"  in  tho 
fourth  line  and  ly  striking  out  the  word  "  so," 
which  was  carr  it  d,  and  the  section,  as  amended, 
was  adopted. 

Mr.  Herron  moved  to  amend  the  ordinance 
by  adding  the  following  section  : 

**  The  Legislature  of  this  State  shall  havo 


OP  THE  STATE  OP  LOUISIANA. 


41 


power  to  pass  laws  providing  for  tlie  naturali 
zation  of  foreigners.'' 

Mr.  York  moved  to  lay  the  amondment  on 
the  table,  when  Mr.  Herron  demanded  the  yeas 
and  nays,  and  the  result  was  as  follows  : 

Yeas  :  Messrs.  Anderson,  Barrow,  Bermudez, 
Bonner,  Briscoe,  Butler,  Cannon,  Carr,  Cook, 
Conner  of  Concordia,  Davidson  of  Livingston. 
DeBlanc,  Dorsey,  Duffel,  Dupre,  Elgce,  Estlin, 
Fuselier,  Fuqua,  Gardere,  Gladden,  Girard, 
Gray,  GrifRn,  Hodges,  IloUingsworlh,  Johnston, 
Labatut,  Lagroue,  Lewis  of  Claiborne,  Manning, 
Marks  of  Caddo,  Martin  of  Assumption,  Martin 
of  Carroll,  McCloskey,  McCoUom,  McFarlaud, 
McNeely,  Miller,  Moore.  Norton,  Olivier,  Per- 
kins of  Lafourche,  Perkins  of  Orleans,  Peck. 
Pembertqu,  Pike,  Provosty,  Kozier,  Scott  of 
Claiborne,  Scott  of  East  Feliciaua,  Smith, 
Smart,  Sompayrac,  Swayze.  Taliaferro.  Taylor 
of  St.  Charles,  Taylor  of  St.  Landry,  Texada, 
Thomasaon,  Tucker,  Verrct,  Walker.  Williams 
of  East  Baton  Kouge,  Wilkinson,  Wiltz  and 
York— 68. 

The  nays  were  Messrs.  Bonford,  Bush,  Con- 
ner of  St.  Tammany,  Davidson  of  Sabine,  Elam, 
Garrett,  Hernandez,  Herron,  Kidd,  Lewis  of 
Orleans.  Marks  of  Orleans,  Magec,  Miles, 
Michel,  O'Bryan,  Patterson,  Picrson  of  Winn, 
Polk,  Pope,  lliciiardson,  Roman,  Iloselius, 
Semnics,  Stocker,  Tappau.  Todd,  Valentine  and 
Warren — 28. 

RECA.PITUL.VTIOX. 

Yeas G8 

Nays 28 

The  section  was  consequently  laid  on  the 
table. 

Mr.  Tappan  offered  the  following  as  an  ad- 
ditional section  to  the  ordinance  : 

That  all  citizens  of  the  slave-holding  States 
may  become  citizens  of  this  State  after  acquir- 
ing the  residence  required  by  existing  laws  and 
upon  taking  the  oath  of  allegiance  to  the 
State. 

Mr.  York  proposed  the  foil  swing  aa  an 
amendment  to  Mr.  Tappan's  section  :  "  Pro- 
vided such  States  join  the  Southern  Confede- 
racy," which  was  riyected. 

Mr.  Lewis  of  Claiborne,  moved  to  lay  the 
proposed  section  on  the  table,  which  was 
carried. 

-Vlr.  Kennedy  then  moved  to  adopt  the  entire 
ordinance,  as  amended,  which  was  carried,  and 
the  ordinance,  as  amended,  reads  as  follows  : 

AN  ORDINANCE  Concerning  Citizenship. 

We,  the  people  of  Louisiana,  in  Convention  as- 
sembled, do  declare  and  ordain :  That  all  free 
white  persons  embraced  in  the  following  classi- 
fication shall  be  deemed  and  considered,  and 
are  hereby  declared  to  be  citizens  of  Louisiana, 
viz: 

1.  All  persons  who,  at  the  date  of  the  adop- 
tion of  the  Ordinance  of  Secession,  viz :  the 
twenty-sixth  d;\y  of  January,  eighteen  hundred 
and  sixty-one,  were  citizens  of  this  State. 

2.  Women  of  foreign  birth,  now  married,  or 
who  may  hereafter  be  married,  to  citizens  of 

F 


this  State,  and  who  have  acquired  or  shall  ac- 
quire a  domicil  therein. 

3.  All  persons  now  born  or  who  may  here- 
after be  born  out  of  the  limits  and  jurisdiction 
of  this  State,  whose  fathers  were,  or  shall  be,  at 
the  time  of  their  birth  or  conception,  citizens 
of  this  State :  Provided,  however,  that  the 
rights  of  citizenship  shall  not  descend  to  per- 
sons whose  fathers  never  resided  in  this  State. 

4.  Persons  of  foreign  birth  who  had.  at  the 
date  of  secession  aforesaid,  declared  their  in- 
tention to  become  citizens  of  the  United  States 
under  the  naturalization  laws  thereof,  or  who 
had  arrived  in  the  United  States  under  the  age 
of  eighteen  years,  and  had  continued  their  resi- 
dence therein  for  five  years  before  the  date  of 
the  Ordinance  of  Secession,  and  who  shall  com- 
ply with  the  further  requinments  of  said  laws, 
which  for  that  purpose  and  to  that  extent  are 
hereby  adopted  as  laws  of  Louisiana,  with  the 
exception,  however,  that  the  oath  to  be  taken 
by  the  applicant  shall  be  of  allegiance  to  the 
State  of  Louisiana. 

5.  Children  of  persons  specified  in  the  pre- 
ceeding  paragraph,  who  shall  be  dwelling  in 
this  State,  and  be  under  the  age  of  twenty-one 
years  when  their  fathers  shall  be  naturalized  as 
provided  in  said  paragraph,  and  shall,  after  at- 
taining the  age  of  majority,  take  the  oath  of 
allegiance  to  the  State. 

C.  All  persons  being  citizens  of  the  United 
States  aforesaid,  or  citizens  of  any  one  of  the 
States  that  have  seeeeded  therefrom,  who  may 
have  come  into  this  State  to  reside  at  any  time 
within  twelve  months  prior  to  the  date  of  se- 
cession aforesaid,  and  who  shall,  after  a  resi- 
dence of  twelve  months  theroin,  take  the  oath 
of  allegiance  to  this  State  ;  Provided,  that  the 
oath  of  allegiance  shall  not  be  required  after 
the  formatiou  ot  a  Southern  Confedi  racy,  of 
persons  coming  into  this  State,  and  being  citi- 
zens of  said  Confederacy,  and  of  any  one  of 
the  States  composing  the  same. 

Be  it  further  ordained.  That  the  oath  of  alle- 
giance shall  be  administered  in  open  court  by 
the  Judge  of  any  one  of  the  District  Courts  of 
this  State,  and  shall  remain  of  record  in  a  book 
to  be  kept  for  that  purpose  by  the  clerk  of  the 
court. 

Air.  Davidson  of  Livingston,  moved  to  re- 
consider the  vote  on  the  ordinance  jus^t  adopted 
whith  was  refused. 

Mr.  Lewis  of  Claiborne,  called  up  the  resolu- 
tion heretofore  pret^ented  by  Mr.  Richardson, 
relative  to  the  adjournment  of  the  Convention 
on  Saturday  next ;  when  Mr.  Texada  offered 
the  following  resolution  : 

Eesolved,  That  all  ordintinces  originating  with 
the  standing   committees   of  this  Convention  ^ 
shall  have  prec.denee  over  all   other   business. 

Mr.  Serames  offered  the  following  as  a  sub- 
stitute for  Mr.  Richardson's  resolution,  which 
was  accepted  by  him  : 

Eesolved.  That  thi.-  Convention  on  Tuesday 
next,  the  I'Zth  inst.,  at  2  o'clock,  P.  M.,  shall  be 
adjourned  by  the  President,  to  reassemble  at 
New  Orleans  on  the   16th  of  March  next,  or 


42 


JOTTRNAL  OP  THE  CONVENTION 


sooner,  on  the  call  of  the  President,  or  a  com^ 
mittee  of  three,  to  be  by  him  appointed. 

Mr.  nerron  moved  to  amend  by  striking  out 
"  Tuesday  "  and  inserting  "  Saturday,'  Arhich 
was  lost. 

Mr.  McNeely  moved  to  lay  the  whole  subject 
on  the  table,  which  motion  was  lost. 

Mr.  Martin  of  Assumption  moved  to  amend 
by  striking  out  "  Tuesday "  and  inserting 
"  Saturday  week, "  which  motion  was  lost. 
The  same  member  then  moved  to  insert  •'  Wed- 
nesday week "  instead  of  "  Tuesday  next," 
which  was  also  lost 

Mr.  Swayze  moved  to  insert  the  4th  of 
March,  instead  of  the  15th,  in  Mr.  Semmes' 
resolution,  which  motion  was  carried. 

Mr.  Herron  moved  to  strike  out  "  New  Or- 
leans "  and  insert  "Baton  Rouge,"  which  was 
lost. 

Mr.  Elam  offered  the  following  as  an  amend- 
ment :  "  That  the  Convention  re-asscmble  when 
the  President  shall,  in  his  judgment,  think 
proper  ;  "  which  amendment  was  rejected,  and 
the  resolution  of  Mr.  Semmes  adopted  as 
amended  ;  the  result  of  a  call  for  the  yeas  and 
nays  by  Mr.  Martin  of  Assumption,  being  as 
follows  : 

The  yeas  were  Messrs.  Anderson,  Barrow, 
Bonner,  Butler,  Caldwell,  Canuen,  Carr,  Cook, 
Connelly,  Conner  of  St.  Tammany,  Cottman, 
Davidson,  of  Sabine,  DeBlanc,  Dorsey,  Duflel, 
Fuselier,  Fuqua,  Gardere,  Graves,  Griffin,  Her- 
ron, Hough,  Hodges,  HoUinsworth,  Johnston, 
Kidd,  LeBlanc,  LeBourgeois,  Lewis,  of  Clai- 
borne, Lewis  of  Orleans,  Magee,  McCoUom, 
McFarland,  Meredith,  Miles,  Slichel,  Miller, 
O 'Bryan,  Patterson,  Perkins  of  Lafourche,  Peck, 
Pierson,  of  Natchitoches,  Pierson  of  Winn, 
Pike,  Polk,  Richardson,  Roman,  Scott,  of  Clai- 
borne, Scott  of  East  Feliciana,  Semmes,  Smith, 
Sompayrac,  Taliaferro,  Taylor  of  St.  Landry, 
Texada,  Thomasson,  Todd,  Tucker,  "Valentine, 
Verret,  Warren,  Williams  of  East  Baton  Rouge, 
Williams  of  St.  Helena,  Wilkinson,  Wiltz  and 
York— 6G. 

The  nays  were  Messrs.  Bermudez,  Bonford, 
Briscoe,  Bush,  Conner  of  Concordia,  Dupre, 
Elam,  Elgee,  Estlin,  Gladden,  Gill,  Girard, 
Kennedy,  Labatut,  Lagroue,  Manning,  Marks 
of  Caddo,  Marks  of  Orleans,  Martin  of  Assump- 
tion, Martin  of  Carroll,  McClosky,  McNeely, 
Moore,  Norton,  Olivier,  Perkins  of  Orleans, 
Pemberton,  Provosty,  Roselius,  Rozier,  Smart, 
Stocker,  Swayze.  Tappan,  Talbot,  Taylor  of 
St.  Charles  and  V/alker— 39. 

Yeas,  6()  ;  nays,  31) 

Mr.  Tt'xada  then  called  up  the  resolution 
previously  offered  by  him,  and  having  obtained 
leave,  the  rules  were  suspended,  and  he  moved 
to  amend  the  same  by  striking  out  the  words 
"  commencing  with  the  ordinances  reported  by 
the  Judiciary  Committee,"  which  was  carried, 
and  the  resolution,  as  amended,  was  adopted, 
and  reads  as  follows  :    ' 

Resolved,  That  all  ordinances  originating  with 
the  standing  committees  of  this  Convention 
shall  have  precedence  over  all  other  business. 


The  special  order  of  the  day  was  then  called 
up,  it  being  an  ordinance  concerning  the  Cir- 
cuit and  District  Courts  established  in  the  State 
of  Louisiana  by  the  late  Government  of  the 
United  States.  Mr.  Bonford  moved  to  take  up 
said  ordidance  section  by  section.  Pending 
this  motion,  Mr.  Thomasson  moved  to  postpone 
the  consideration  of  the  ordinance  until  the 
4th  of  March  next,  Mr.  Taylor  of  St.  Landry, 
moved  to  lay  the  motion  to  postpone  on  the 
table,  which  prevailed. 

The  first  section,  which  reads  as  follows,  was 
then  adopted  : 

AN  ORDINANCE  concerning  the  Circuit  and 
District  Courts  established  in  the  State  of 
Louisiana  by  the  late  Government  of  the 
United  States. 

The  people  of  the  State  of  Louisiana,  in  Conven- 
tion assembled,  do  ordain,  and  it  is  Iiereby  ordained, 
as  follows. • 

Section  1.  All  acts  and  parts  of  acts  of  the 
Congress  of  the  late  United  States  of  America, 
relating  to  the  organization  and  jurisdiction  of 
the  Circuit  and  District  Courts  established  by 
said  Congress  within  the  territorial  limits  of 
the  State  of  Louisiana,  and  relating  to  the  ad- 
ministration of  justice  in  said  Courts,  which 
were  in  force  in  this  State  at  the  time  of  the 
separation  of  this  State  from  the  said  Confede- 
racy, are  hereby  re-enacted  and  declared  to  be 
in  full  force  and  effect  as  laws  of  the  State  of 
Louisiana,  so  far  as  the  same  are  not  inconsis- 
tent with  any  of  the  ordinances  of  this  Con- 
vention, or  incompatible  with  the  Sovereignty 
of  the  State  of  Louisiana ;  and  all  writs  and 
process  from  said  Courts  shall  be  issued  in  the 
name  and  by  the  authority  of  the  State  of 
Louisiana. 

And  on  motion  of  Mr.  Kidd,  the  Convention 
then  adjourned. 

J.  T.  WHEAT,  Secretary. 

Friday,  February,  8,  1861. 

The  Convention  met  pursuant  to  adjourn- 
ment.   Hon.  A.  Mouton  presiding. 

After  prayer  by  the  Rev.  J.  Moynihan,  the 
roll  was  called  and  86  delegates  answered  to 
their  names. 

Pending  the  reading  of  the  journal,  Mr.  Polk 
moved  to  dispense  with  the  further  reading  of 
the  same,  which  motion  was  lost,  and  the  read- 
ing was  finished,  and  the  journal  approved. 

The  President  then  presented  a  communica- 
tion of  the  Customhouse  Collector,  Mr.  Hatch, 
relative  to  the  light-houses  within  this  State, 
which  communication  was  referred  to  the  Com- 
mittee on  Commerce  and  Navigation. 

Mr.  Marks,  of  Orleans,  introduced  a  resolu- 
tioii  inscrijcting  the  Committee  on  Postal  Af- 
fairs to  inquire  into  the  management  of  the 
Post-office  at  New  Orleans,  and  report  thereon 
to  the  Convention,  whicli  resolution  was,  on 
motion  of  the  same  delegate,  referred  to  the 
Committee  on  Postal  Affairs. 

Mr.  Lawrence  •ffered  the  following  resolu- 
tion, which  was  referred  to  the  Committee  on 
Contingent  Expenses: 


OP  THE  STATE  OF  LOUISIANA. 


43 


Raolved,  That  the  Committee  oa  Contingent 
Expenses  be  instructed  to  report  to  the  Con- 
vention an  ordinance  providing  for  the  pay- 
ment of  the  oflBcers  of  this  Convention. 

Mr.  Davidson,  of  Sabine,  oflfered  a  resolution 
relative  to  the  compensation  of  Mr.  Bloonifield, 
Postmaster  to  the  Convention  at  Baton  Kouge, 
which  resolution,  on  motion  of  the  same  gentle- 
man, was  referred  to  the  Committee  on  Contin- 
gent Expenses. 

Mr.  Bonner  offered  the  following  resolution, 
which  was  adopted : 

Resolved,  That  the  Secretary  of  this  Conven- 
tion be  and  he  is  hereby  instructed  to  forward, 
forthwith,  to  the  oflice  of  Secretary  of  State,  a 
copy  of  the  ordinance  containing  the  oath 
to  be  taken  by  all  oflBcers  of  this  State,  and  a 
copy  of  the  ordinance  altering  article  Vld,  of 
the  State  Constitution. 

Mr.  Texada  introduced  a  resolution  instruct- 
ing the  Committee  on  Finance  to  report  what 
compensation  should  be  allowed  to  the  Com- 
missioner to  Texas,  which  resolution  was  re- 
ferred to  the  said  committee. 

Mr.  Michel  presented  a  resolution  authorizing 
the  payment  of  certain  sums  of  money  to  Cap- 
tain Jas.  Davis,  out  of  the  public  revenues  of 
the  United  States  prior  to  the  3Ist  January, 
1861,  which  resolution  was  referred  to  the  Com- 
mittee on  Finance. 

Mr.  Cottman  offered  a  resolution  authorizing 
the  Committee  on  Postal  Affairs  to  employ  a 
sufficient  number  of  clerks  to  enable  them  to 
report  by  Tuesday  next,  which  resolution,  on 
motion  of  Mr.  Walker,  was  laid  on  the  table. 

Mr.  Johnston    introduced    a  resolution   in- 
structing the  Committee  on  Commerce  to  report 
as  to  the  propriety  of  modifying  certain   reve- 
nue laws,  which  resolution  was  referred  to  the 
'  Committee  on  Commerce. 

Mr.  Bonford  then  called  up  the  unfinished 
business  of  yesterday,  it  being  the  ordinance 
relative  to  the  Circuit  and  District  Courts  of 
the  late  United  States,  and  meved  the  adoption 
of  the  2d  section,  when 

Mr.  Semmes  offered  the  following  as  a  sub- 
Btitute  to  the  ordinance,  which,  on  motion  of 
Mr.  DeBlanc,  was  laid  on  the  table. 
AN  ORDINANCE  concerning  Judicial  Powers. 

We,  the  people  of  the  State  of  Louisiana,  in  Con- 
vention assembled,  do  declare  and  ordnn,  and  it  is 
hereby  declartd  and  ordained : 

That  the  judicial  powers  heretofore  delegated 
by  this  State  so  as  to  form  a  part  of  the  judi- 
cial power  of  the  United  States,  haying  reverted 
to  this  State,  shall  be  exercised  by  such  courts 
as  the  General  Assembly  may  direct. 

2.  That  execution  on  all  decrees  and  judg- 
ments rendered  in  the  several  Courts  of  this 
State,  from  which  a  writ  of  error  or  appeal 
would  lie  to  the  Supreme  Court  of  the  United 
States  under  the  laws  'of  the  United  States,  in 
lorce  prior  to  the  passage  of  the  ordinance  of 
Becession,  shall  be  stayed  until  some  provision 
for  an  appeal  or  writ  of  error  shall  be  made  by 
the  General  Assembly  of  this  State  or  other 
lawful  authority. 


Mr.  Rozier  moved  to  postpone  the  luither 
consideration  of  the  ordinance  until  the  6th 
March  next,  which,  on  motion  of  Mr.  DeBlanc, 
was  laid  on  the  table. 

On  motion  of  Mr.  Bonford,  the  2d  section  was 
then  adopted.  The  3d  section  was  read,  and, 
on  motion,  adopted.  The  4th  section  was  read 
and  abo  adopted. 

The  .Sth  section  being  taken  up,  Mr.  O'Bryan 
proposed  to  amend  it  by  striking  out  of  the 
17th  line  the  words  '•  cast  therein,"'  which 
amendment  was  accepted  by  the  chairman,  and 
the  section,  as  amended,  was  adopted. 

Mr.  Miles  offered  the  following  as  an  addi- 
tional section  : 

That  citizens  of  such  States  as  have  violated 
the  Constitution  of  the  late  United  States  of 
America,  by  enacting  personal  liberty  bills,  or 
laws  nullifying  or  impeding  the  execution  of 
the  fugitive  slave  law.  shall  not  be  authorized 
to  institute  or  prosecute  suits  in  either  of  tho 
courts  named  in  this  ordinance. 

On  motion  of  Jlr.  Lawrence,  the  proposed 
additional  section  was  laid  on  the  table — the 
result  of  a  call  of  Mr.  Miles  for  tho  yeas  and 
nays  being  as  follows  : 

Messrs.  Bermudez,  Bienvcuu,  Bonford,  Bon- 
ner, Briscoe,  Burton,  Bush,  Butler,  Caldwell, 
Carr,  Cook,  Conner  of  Concordia.  Davidson  of 
Livingston.  David.^on  of  Sabine.  DeBlanc  Duf- 
fel, Elam.  Elcee,  Estlin,  Fuselier,  Fuqua,  Gar- 
dere,  Gladden.  Girard,  Griffin.  Hernandez, 
Herron.  Hough,  Hodge.  Hollingsworth,  Kidd, 
Labatut.  Lawrence,  Lagroue,  Le  Bourgeois, 
Lewis  of  of  Claiborne,  Lewis  of  Orleans,  Man- 
ning, Martin  of  Assumption,  Martin  of  Carroll, 
McCloskey,  McCollom,  McFarland,  Melancon, 
Meredith,  Norton,  Olivier,  Patterson,  Perkins 
of  Lafourche,  Perkins  of  Orleans.  Pemberton, 
Pierson  of  Natchitoches,  Pierson  of  Winn,  Pike, 
Polk,  Richardson,  Roman,  Roselius,  Scott  of 
Claiborne,  Smith.  Smart,  Sompayrac,  Stocker, 
Taliaferro,  Taylor  of  St.  Charles.  Taylor  of  St. 
Landry,  Texada,  Thomasson,  Todd,  Tucker, 
Verret,  Walker,  Williams  of  East  Baton  Rouge, 
Wilkinson,  Wiltz,  York — 7.5  yeas. 

Messrs.  Dorsey,  Dupre,  Garret,  Gill,  Gray, 
Graves,  Johnston,  Marks  of  Caddo,  Marks  of 
Orleans.  McNeely,  Miles,  Michel,  Miller,  O'Bry- 
an, Peck,  Scott  of  East  Feliciana,  Semmes, 
Stewart,  Swaze,  Tappan,  Towles  and  Valentine 
— 22  nays. 

Yeas,  75  ;  nays,  22.  

Mr.  Semmes  moved  that  the  following  bQ 
adopted  as  an  additional  section  to  the  ordi- 
nance, which  motion  was  carried  : 

Sec.  6.  That  all  suits  and  actions  pending 
in  the  said  Circuit  or  District  Courts,  or  in  any 
Court  of  this  State,  heretofore  instituted  by 
the  United  States,  shall  be  carried  on  and  pro- 
secuted in  the  name  and  for  the  benefit  of  the 
State  of  Louisiana,  and  all  decrees  and  judg- 
ments, heretofore  rendered  in  said  Court  in 
favor  of  the  United  States,  shall  be  executed 
and  enforced  in  the  name  and  for  the  benefit  of 
this  State. 


44 


JOURNAL  OP  THE  CONVENTION 


Mr.  Michel  offered  the  following  as  an  addi- 
tional section  to  the  original  ordinance  : 

Sec.  7.  Resolved.  That  the  clerk  or  clerks  to 
1)0  appointed  under  the  provisions  of  the  above 
ordinance,  shall  ))e  authorized  to  cause  a  suit- 
able seal  or  seals  to  be  made  for  the  use  of  said 
court  or  courts,  a  full  description  whereof  shall 
bo  recorded  in  the  office  of  the  Secretary  of 
State. 

Mr.  Elgee  moved  to  lay  the  amendment  on 
the  table,  which  motion  was  lost,  and  the  sec- 
tion was  adopted. 

Mr.  Miles  offered  the  following  as  an  addi- 
tional section  to  the  ordinance  : 

That  the  Legislature  shall  have  power  to  re- 
peal or  amend  this  ordinance  whenever  the 
public  interest  shall  require  it. 

Mr.  Stocker  moved  to  lay  the  proposed  addi- 
tional section  on  the  table,  which  was   carried. 

Mr.  Bush  moved  the  reconsideration  of  the 
fi.f'th  section,  which  being  granted,  he  moved  to 
amend  said  section  by  striking  out  in  the  seven- 
teenth line  of  the  proviso  the  words  "  taking 
the  appeal ''  and  inserting  the  words  "  desirous 
of  applying  for  a  writ  of  error  or  appeal," 
which  motion  was  carried. 

On  motion  of  Mr.  Boulbrd,  the  fifth  section, 
as  amended,  was  adopted  ;  and,  on  motion  of 
the  same  delegate,  the  ordinance,  as  amended, 
was  adopted  as  a  whole,  and  reads  as  follows  : 

AN  ORDINANCE  concerning  the  Circuit  and 
District  Courts  established  in  the  State  of 
Louisiana  by  the  late  Government  of  the 
United  States. 


The  people  of  the  Slate  of  Louisiana,  in  Convention 
fi.tsemhled,  do  ordmn,  and  it  is  hereby  ordained  as 
follows : 

Skctiox  1.  All  acts  and  parts  of  acts  of  the 
Congress  of  the  late  United  States  of  America, 
relating  to  the  organization  and  jurisdiction  of 
the  Circuit  and  District  Courts  established  by 
said  Congress  within  the  territorial  limits  of 
the  State  of  Louisiana,  and  relating  to  the  ad- 
ministration of  justice  iu  said  Courts,  which 
Avere  in  force  in  this  State  at  the  time  of  the 
separation  of  this  State  from  the  said  Confed- 
eracy, are  hereby  re-enacted  and  declared  to  be 
in  full  force  and  effect  as  laws  of  the  State  of 
Louisiana,  so  far  as  the  same  are  not  inconsis- 
tent with  any  of  the  ordinances  of  this  Con- 
vention, or  incompatible  with  the  sovereignty 
of  the  State  of  Louisiana;  and  all  writs  and 
process  from  said  Courts  shall  be  issued  in  the 
name  and  by  the  authority  of  the  State  of  Lou- 
isiana. 

Sec.  2.  All  offices  held  within  this  State, 
under  and  by  virtue  of  the  act.s  of  Congress 
aforesaid,  shall  continue  as  organized  under 
said  acts  ;  and  the  functions  and  duties  thereof 
shall  be  performed  by  the  respective  officers 
who  have  had  charge  of  the  same  under  the 
said  laws  :  Provided  said  officers  shall  recognize 
the  sole  and  exclusive  authority  of  the  State 
of  Louisiana,  by  accepting  and  receiving  com- 
missions from  the  Governor  as  oflScers  of  the 
State  of  Louisiana,  and  by  taking  the  oath  of 


office  preacribed  by  the  ordinance  passed  by 
this  Convention,  amending  the  90th  article  of 
the  Constitution  of  this  State. 

Sec  3.  Should  any  person  in  charge  of  any 
such  office  refuse  to  comply  with  the  proviso  to 
the  foregoing  section,  the  said  office  shall  be 
deemed  vacant,  and  the  books,  records  and  ef- 
fects thereof,  of  every  kind  whatsoever  thereto 
appertaining,  or  in  any  wise  belonging,  shall  be 
delivered  to  such  other  person  as  the  Governor 
shall  commission  to  hold  and  perform  the  du- 
ties of  the  said  office;  and  should  any  office  here- 
tofore held  in  this  State,  under  and  by  virtue 
of  the  laws  of  the  United  States  mentioned  in 
the  first  section  of  this  ordinance,  become 
vacant  from  any  cause  whatsoever,  the  Gov- 
ernor shall  have  authority,  and  he  is  hereby 
directed  to  commission  some  competent  and 
experienced  person  to  perform  the  duties 
thereof  :  Provided  that  all  such  appointees  shall 
take  and  subscribe  the  oath  prescribed  in  the 
second  section  of  this  ordinance. 

Sec.  4.  All  officers  commissioned  by  the 
Governor,  by  virtue  of  this  ordinance,  shall, 
within  twenty  days  after  the  date  of  their  com- 
mission, execute,  in  favor  of  the  State  of  Louis- 
iana, bonds  analogous  to  those  which  have  been 
heretofore  required  to  be  executed  in  favor  of 
the  United  States  in  similar  cases  and  with  like 
security  ;  and  said  bonds  shall  be  deposited 
among  the  archives  of  the  State  in  the  office  of 
tne  Secretary  of  State.  And  all  accounts,  ab- 
stracts, funds,  vouchers  or  reports  of  any  kind 
whatsoever,  required  by  the  lav/s  of  the  United 
States,  or  by  instructions  from  the  Executive 
Department  of  the  Government,  to  be  trans- 
mitted to  said  Government,  shall  be  transmit- 
ted at  the  time  prescribed  by  said  laws  or 
instructions  to  the  corresponding  Executive  De-  . 
partraent  of  the  Government  of  the  State  of 
Louisiana.  And  the  State  of  Louisiana  doth 
hereby  guarantee  and  indemnify  all  the  oflicers 
who  comply  with  the  provisions  of  this  ordi- 
nance, against  all  claims  and  demands  of  the 
United  States  arising  out  of  such  compliance. 

Sec.  5.  That  all  suits,  actious  or  proceedings 
of  any  description  whatsoever  pending  in  said 
courts  at  the  time  the  Ordinance  of  Secession 
was  passed,  shall  continue,  and  be  carried  on, 
as  if  no  interruption  to  the  business  of  the  said 
courts  had  taken  place,  and  in  all  cases  pend- 
ing in  the  Circuit  Court,  mentioned  in  the  first 
section  of  this  ordinance,  wherein  a  final  judg- 
ment or  decree  has  been  or  may  be  rendered, 
from  M'hich  judgment  or  decree  a  writ  of  error 
or  appeal  would  lie,  under  the  provisions  of  the 
acts  hereinbefore  described,  as  also  in  all  cases 
in  the  several  courts  of  this  State,  from  the 
judgments  or  decrees  in  which  a  writ  of  error 
would  lie  to  the  Supreme  Court  of  the  United 
States  under  the  acts  in  force,  as  aforesaid,  ex- 
ecution upon  the  said  judgments  or  decrees  shall 
be  stayed  ;  Provided  the  party  desirous  of  ap- 
plying for  a  writ  of  error  or  appeal,  shall, 
within  ten  days,  exclusive  of  Sundays,  after  the 
rendiiion  of  the  judgment  or  passing  the  de- 
cree complained  of,  file  his  petition  addressed 


OP  THE   STATE  OP  LOUISIANA. 


45 


to  the  said  court,  stating  his  intention  to  apply 
for  a  writ  of  error  or  appeal,  as  the  case  may 
require,  to  have  the  said  cause  re-examined  by 
the  court  to  be  constituted  for  that  purpose  ; 
and  shall,  within  ten  days  after  the  orjraniza- 
tion  of  said  court,  perfect  his  said  application  ; 
and,  provided  furtlicr,  that  the  said  party  sliall 
give  bohd,  with  good  and  sufficient  security 
conditioned,  to  perfect  and  prosecute  said  writ 
of  error  or  appeal,  with  such  other  conditions 
and  in  such  amount  as  are  prescribed  in  similar 
cases  by  the  laws  hereby  re-cnactcd. 

Sec.  ().  That  all  suits  and  actions  pending 
in  the  said  Circuit  or  District  Courts,  or  in  any 
Court  of  the  State  heretofore  instituted  by  tlie 
United  States,  shall  be  carried  on  and  jjrose- 
cuted  in  the  name  and  for  the  benefit  of  the 
State  of  Louisiana,  and  all  decrees  and  judg- 
ments heretofore  rendered  in  said  Courts  iu 
favor  of  the  United  States,  shall  bo  executed 
and  enforced  in  the  name  and  for  the  benefit  of 
this  State. 

Sec.  7.  That  the  clerk  or  clerks  to  be  ap- 
pointed under  the  provisions  of  the  above  ordi- 
nance, shall  be  authorized  to  cause  a  suitable 
seal  or  seals  to  be  made  for  t'>r  use  of  said 
Court  or  Courts,  a  full  doscrp'ii  n  whereof 
shall  be  recorded  in  the  office  of  the  Secretary 
of  State. 

Mr.  Tappan  obtained  leave  to  introduce  an 
ordinance  concerning  crimes  and  offences  under 
the  laws  of  the  late  Government  of  the  United 
States,  to  which  Mr.  Bush  oft'ertd  an  amend- 
ment, wlien  both  the  ordinance  and  amendment 
were  ordered  to  be  printed  and  made  the  special 
order  of  the  day  for  to-morrow. 

The  special  order  of  the  day  being  the  ordi- 
nance reported  by  the  Committee  on  Public 
Lands,  was,  on  motion  of  Mr.  Elgee,  read  and 
ordered  to  be  taken  up  section  by  section. 

Mr.  Elgee  moved  the  adoption  of  section  1st, 
which  reads  as  follows  : 

Be  it  ordained  by  the  people  of  Louisiana  in  Con- 
vention assernlyhd.  That  the  title  to  all  the  unap- 
propriated public  domain  within  the  limits  of 
the  State  of  Louisiana  is  of  right  the  property 
of  the  said  State,  and  all  control  and  jurisdic- 
tion over  the  same  is  hereliy  declared  to  be 
vested  in  and  assumed  by  the  State. 

Mr.  JlcCoUom  ottered  the  following  amend- 
ment, to  be  read  after  the  5th  line  of  the  1st 
section  : 

Provided,  that  all  inchoate  titles  emanating 
under  any  law,  grant  or  donation  from  the  late 
Government  of  the  United  States  to  private  in- 
dividuals, and  to  all  corporations  in  this  State, 
be  and  they  are  hereby  recognized  and  placed 
on  the  same  basis  that  they  were  on  under  the 
laws  of  the  late  Government  of  the  United 
States. 

5Ir.  Fuqua  offered  the  following  as  a  substi- 
tute for  Mr.  McCollom's  amendment,  to  bo 
added  to  the  fifth  line  of  tlie  first  section,  so 
that  the  section  read  as  follow  s : 

Be  it  ordained  by  the  people  of  Louisiana  in 
Convention  assembled,  That  the  title  to  all  of 
the  unappropriated  public  domain  within  the 
lifliits  of  the  State  of  Louisiana,  ie  of  right  the 


property  of  the  said  State,  and  all  control  and 
jurisdiction  over  the  same  is  hereby  declared  to 
be  vested  in  and  assumed  by  the  State,  in  the 
same  manner  as  heretofore  held  and  exercised 
by  the  United  States. 

On  motion  of  Mr.  Elgee.  the  Convention  then 
adjourned. 

J.  T.  WHEAT,  Secretary. 


Satukdat,  Feb.  9,  1S61. 

The  Convention  met  pursuant  to  adjournment, 
Hon.  A.  Mouton  presidin:^ 

After  prayer  by  the  Kev.  Mr.  Jessup,  the  roll 
was  called,  and  eighty-seven  Delegates  answered 
to  their  names. 

The  journal  was  then  road  and  approved. 

[Mr.  Miles  rose  to  a  question  of  privilege, 
and  corrected  a  misconstruction  in  this  morn- 
ing's Delta,  relative  to  the  votes  of  certain  Del- 
egates on  the  Judiciary  question.] 

Mr.  Davidson,  of  Sabine,  offered  a  preamble 
and  resolution,  relative  to  the  adjournment.  «n<! 
die.  of  the  Convention  on  Tuesday  next,  wliich 
preamble  and  resolution  was  ordered  to  lie  over 
under  the  rules. 

Mr.  Estlin  offered  a  preamble  and  resolution, 
relative  to  the  appointment  of  a  committee, 
which  should  collect  information  and  report  in 
March  next,  on  the  re-aseembling  of  this  Con- 
vention, with  regard  to  the  expediency  of 
making  the  charters  of  the  banks  now  in  exist- 
ence, in  the  State  of  Louisiana,  uniform  in  the 
term  of  their  charters,  etc.  ;  provided  the  said 
banks  will  agree  to  pay  a  satisfactory  bonus  to 
tlie  State,  which  was  ordered  to  lie  over  under 
the  rules. 

Mr.  Swayze  presented  an  ordinance  concern- 
ing persons  who  shall  attempt  or  presume  to 
exercise  or  hold  office  within  the  State  of  Louis- 
iana under  any  other  authority  than  the  State 
of  Louisiana,  which  ordinance  was  referred  to 
the  Committee  on  the  Judiciary. 

Mr.  Miles  ofl'ered  a  resolution  relative  to  the 
payment,  from  the  sul>treasury  of  the  late  Uni- 
ted States,  of  the  Marshals  and  Assistant  Mar- 
shals of  the  Eastern  and  Western  Districts,  for 
taking  the  census  in  1860,  which  resolution  was 
referred  to  the  Committee  on  Finance. 

On  motion  of  Mr.  Girard,  the  report  of  the 
Committee  on  Patents  was  made  the  special 
order  of  the  day  for  Monday  next,  at  12 
o'clock,  M. 

The  report  of  standing  committees  being  next 
in  order,  Mr.  Walker  read  a  report  of  the  Com- 
mittee on  Postal  Affairs,  which,  on  motion  of 
Mr.  Fuqua,  was  ordered  to  bo  printed  and  made 
the  order  of  the  day  for  Monday  next,  at  1 
o'clock,  P.  M. 

Mr.  Semmes  having  anked  and  obtained  leave 
presented  a  report  of  the  Committee  on  Com- 
merce and  Navigation,  relative  to  light-houses 
within  the  State,  which,  on  motion,  was  laid 
over  under  the  rules. 

The  consideration  of  the  ordinance  reported 
by  Mr.  Elgee  yesterday,  as  chairman  of  the  com- 
mittee ou  Public  Lands,  was  resumed. 


46 


JOURNAL  OF  THE  CONVENTION 


Mr.  Fuqua  withdrew  the  substitute  offered  by 
him  yesterday,  for  Mr.  McCollom's  auiendmont 
to  the  1st  section  of  said  ordinance. 

Ou  motion  by  Mr.  Bonford,  Mr.  McCollom's 
amendment  was  further  amended  by  Btriking 
out  the  words  "  recognised  and."' 

Motion  being  made  for  the  adoption  of  Mr. 
McCollom's  amendment,  as  amended,  Mr. 
Connelly  called  for  the  yeas  and  nays,  which 
resulted  as  follows : 

The  yeas  were  Messrs.  Anderson,  Bienvenu, 
Bonford,  Caldwell,  Cook,  Connelly,  Dupre,  Elam, 
Girard,  Hongh,  Hollinsworth,  Kennedy,  Le- 
Bourgoois,  Lewis,  of  Orleans,  McCollom,  Mere- 
dith, O'Bryan,  Perkins,  of  Orleans.  Pemberton. 
Pierson,  of  Winn,  Roman,  Rozier,  Scott  of  East 
Feliciana,  Stocker,  Swayze,  Taylor,  of  St.  Lan- 
dry, Todd.  Williams,  of  East  Baton  Rouge, 
Willia,ms,  of  St.  Helena,  Wilkinson— 30. 

The  nays  were  Messrs.  Barrow,  Bermudez. 
Bonner,  Briscoe,  Butler.  Conner,  of  Concordia, 
Davidson,  of  Livingston,  Davidson,  of  Sabine, 
DeBlanc,Dorsey,  Du2el,  Elgee,  Fuseller,  Fuqua, 
Gardcre,  Graves.  Gray,  Herron.  Hodges,  John- 
ston, Labatut,  Lawrence,  Lagroue,  Manning, 
Marks,  of  Caddo,  Marks,  of  Orleans,  Martin,  of 
Assumption,  Martin  of  Carroll,  Magee,  Melan- 
gon,  Miles,  Miller,  Moore,  Olivier,  Patterson, 
yeck.  Pierson,  of  Natchitoches.  Pike,  Richard- 
son, Semmes,  Slawson.  Smith,  Stewart,  Tappan, 
Talbot,  Taylor,  of  St.  Charles,  Texada,  Thomas- 
eon,  Towles,  Valentine,  Warren,  Walker  and 
York— 53. 

RECArrrOLATION, 

Yeas , SO 

Nays 53 

Consequently  Mr.  McCollom's  amendment  to 
first  section  was  rejected; 

And  on  motion  of  Mr.  Elgee,  the  first  section 
was  adopted. 

The  second  section,  which  reads  as  follows, 
was  taken  up : 

Be  it  further  ordained,  etc.,  That  the  Surveyor- 
General,  and  the  Registers  and  Receivers  of  the 
several  Land  Offices  at  New  Orleans,  Opelousas, 
Natchitoches,  Monroe,  and  Greensburg,  within 
this  State,  be  required  to  surrender  forthwith 
to  the  Governor  of  the  State,  or  to  some  person 
authorized  by  him,  all  of  the  public  monies  in 
their  hands,  and  all  of  the  books,  records,  pa- 
pers and  archives  of,  and  belonging  to  thuir 
respective  oEBces,  and  in  so  doing  shall  be  held 
harmless  against  all  loss  or  damage  which  might 
accrue  to  them,  or  to  their  sureties,  by  reason 
of  the  obligations  contracted  by  them  in  res- 
pect of  the  late  Government  of  the  United 
States. 

Several  amendments  and  a  substitute  for  said 
2d  section,  were  proposed  by  Messrs.  Elgee,  Du- 
pre, DeBlanc,  Moore  and  O'Bryan. 

At  this  stage  of  the  proceedings,  the  Presi- 
dent, Mr.  Mouton,  announced  to  the  Convention 
the  intelligence  just  then  received  by  telegraph 
that  the  Hon.  Jefferson  Davis,  of  Mississippi, 
and  Hon.  A.  H.  Stephens,  of  Georgia,  had  been 
elected  by  tke  Convention  at  Montgomery,  the 


President  and  Vice-President  of  the  Provisional 
Government  of  the  Southern  Republic. 

Whereupon,  Mr.  Walker  having  first  asked 
and  obtained  leave,  and  a  suspension  of  the 
rules  being  gn.uted,  offered  the  following  reso- 
lutions, which  were  unanimously  adopted: 

Resolved,  1\vit  this  Convention  receives  with 
the  most  cordial  approval,  the  intelligence  this 
day  received  by  telegraph,  of  the  election  of 
Jefferson  Davis,  of  Mississippi  as  President,  and 
of  Alexander  II.  Stephens,  of  Georgia,  as  Vice- 
President  of  tlie  Provisional  Government  of  the 
Southern  Republic. 

Resolved,  That  the  Secretary  of  this  Conven- 
tion be  instruct  ed  to  communicate  the  foregoing 
resolution  to  the  President  of  the  Convention 
at  Montgomery. 

The  regular  business  of  the  Convention  being 
resumed. 

Mr.  Olivier  moved  that  the  ordinance  on  pub- 
lic lands,  together  with  the  amendments,  substi- 
tute and  prc-viso  offered,  be  recommitted. 
Which  was  carried. 

And,  on  motion  of  Mr.  McCollom.  the  rej)ort 
of  said  committee  was  ordered  to  be  printed, 
and  made  the  i~pecial  order  ot  the  day  tor  Mon- 
day at  2  o'clock,  P.  M. 

Mr.  Elgee  atkedto  be  discharged  from  further 
service  as  a  member  of  the  Committee  on  Public 
Lands.    Which  was  granted. 

Ou  motion  ly  Mr.  Herron,  the  rules  being  ms- 
pcnded,  he  oil'ered  the  following  resolution, 
which  was  unimimously  adopted  : 

Resolved.,  That  a  committee  be  appointed,  for 
the  purpost;  of  having  an  appropriate  salute 
fired  in  honor  of  the  recent  election  of  Presi- 
dent and  Vice-President  of  the  Southern  Con- 
federacy. 

The  President  appointed  as  said  Committee 
Messrs.  Herron,  Labatnt  and  LeBourgeois. 

ORDER   OF   TUE    DAY. 

The  report  of  Committee  on  Commerce — An 
ordinance  relative  to  the  prosecution  of  the 
work  for  keeping  open  the  channel  of  the  South- 
west Pass  of  the  Mississippi  river,  under  the 
contract  made  with  the  United  States  prior  to 
the  passage  of  the  Ordinance  of  Secession. 

Said  ordinance  being  the  order  of  the  day, 
on  motion  by  Mr.  Semmes,  was  taken  up  and 
read,  and  after  some  debate  upon  the  same,  it 
was,  on  motion  by  Mr.  Lewis,  of  Claiborne,  laid 
on  the  table  subject  to  call. 

Mr.  Walker  introduced  the  following  reso- 
lution : 

Resolved,  That  the  resolution  of  this  Conven- 
tion, adopted  on  Wednesday,  the  6th  of  Febru- 
ary, fixing  next  Tuesday  for  the  adjournment 
of  the  Convention,  be  rescinded. 

And  moved  a  suspension  of  the  rules  for  im- 
mediate action  on  said  resolution,  which  motion 
was  lost. 

Mr.  Herron,  chairman  of  special  committee 
appointed  to  iiave  a  salute  fired  in  honor  of  the 
election  of  President  and  Vice-President  of  the 
Southern  Rejuiblic,  made  a  report. 

That  the  committee  had  arranged  that  a  sa- 
lute of  100  guns  would  be  fired  at  5  o'clock 


OP  THE  STATE  OF  LOUISIANA. 


i1 


this  evening  by  Maj.  J.  B.  Walton,  of  the  Bat- 
talion of  Washington  ^Vrtillery,  who  had  ten- 
dered the  services  of  his  corps  for  that  pur- 
pose. 

On  motion,  the  Convention  adjourned  until 
Monday  next. 

J.  T   WHEAT,  Secretary. 

Monday,  February  11, 1861. 

The  Convention  met  pursuant  to  adjourn- 
ment. 

Hon.  A.  Mouton  presiding. 

After  prayer  by  the  Rev.  Mr.  Moore,  the  roll 
was  called,  and  83  delegates  answered  to  their 
namep. 

Funding  the  reading  of  the  journal,  Mr.  Estlln 
moved  to  correct  it  so  as  to  state  more  accu- 
rately the  substance  of  the  resolution  oilVrcd  by 
him  on  yesterday,  which  being  complied  with, 
the  journal  was  approved. 

Mr.  Michel  presented  a  resolution  for  the  re- 
lief of  Henry  U.  Miller,  late  U.  S.  District  At- 
torney, which  was  referred  to  the  Committee  on 
Finance. 

Mr.  York  presented  an  ordinance  to  amend 
article  107  of  the  State  Constitution,  which  was 
ordered  to  lie  over  under  the  rnlos. 

Mr.  Manning  offered  a  resolution  instructing 
the  Committee  on  Public  Lands  to  inquire  into 
and  report  as  to  the  necessity  of  establishing  a 
General  Land  Office  under  the  direction  of  a 
chief  officer  of  the  land  system  in  the  State, 
and  to  report  also  as  to  the  propriety  of  making 
any  change  in  the  laws  of  the  late  United  States 
relative  to  the  public  domain  in  Louisiana  ; 
said  committee,  if  they  report  affirmatively,  to 
accompany  tlicir  report  with  an  ordinance  and 
project  for  the  establishment  of  such  land  sys- 
tem.   Ordered  to  lie  over  under  the  rules. 

Mr.  York  presented  a  resolution  relative  to 
the  compensation  of  the  officers  of  the  Conven- 
tion, which  was  ordered  to  lie  over  under  the 
rules. 

Mr.  Elgeo,  as  chairman  of  a  special  commit- 
tee heretofore  appointed  to  consider  and  report 
upon  an  appropriate  flag  for  the  State  of  Louis- 
iana, presented  the  following  ordinance  as  the 
report  of  that  committee,  and  on  his  motion  the 
rules  were  suspended  for  the  purpose  of  acting 
upon  said  ordinanne  immediately. 

We,  tlie  people  of  Louisiana,  \n  Oonvcniion  as- 
6eml)lcd,  do  ordain  and  establish  that  the  flag 
of  the  State  of  Louisiana  shall  consist  and  be 
composed  of  thirteen  horizontal  stripes,  of  the 
colors  hereinafter  described,  and  to  be  disposed 
in  the  following  order,  commencing  from  the 
upper  line  or  edge  of  the  flas:,  to-wit :  the  first 
stripe,  blue  ;  second,  white  ;  third,  red  ;  fourth, 
white  ;  fifth,  blue  :  sixth,  white  ;  seventh,  red  ; 
eigth,  white  ;  ninth,  blue;  tenth,  white  ;  eleventh 
red  ;  twelfth,  white,  and  the  thirteenth  or  bot- 
tom stripe  blue. 

We  do  further  ordain  and  estallish,  That  there 
shall  be,  in  the  upper  or  chief  corner  of  the  flag 
a  square  field,  the  color  whereof  shall  be  red, 
and  the  sides  thereof  equal  to  the  width  of  seven 
Btrlpes,  and  that  in  the  center  of  said  field  there 


shall  be  a  star  of  due  and  proportionate  size, 
having  five  points  or  rays,  and  that  the  color  of 
said  star  shall  be  a  pale  yellow. 

We  do  further  ordain  and  establish,  That  the  said 
flag  and  no  other  shall  be  the  national  flag  of 
the  State  of  Louisiana. 

The  question  occurring  upon  the  ordinance 
as  reported,  it  was,  on  motion  of  Mr.  Bienvenu, 
unanimously  adopted. 

On  motion  by  Mr.  El  gee,  the  following  reso- 
lution was  then  adopted : 

Resolved,  That  the  Military  Committee  be  in- 
structed toadopt  such  regulations  as  may  be 
proper  for  properly  inaugurating  and  saluting 
the  flag  of  the  State. 

On  motion  by  Mr.  Tappan,  the  remarks  ad- 
dressed to  the  Convention  by  Mr.  Elgee,  chair- 
man of  the  committee,  explanatory  and  in  sup- 
port of  the  ordinance  just  adopted,  were  ordered 
to  be  spread  upon  the  journal  of  the  Convention, 
and  are  as  follows  : 

That  the  committee  being  satisfied  that  the 
device  of  the  pelican  was  not  in  consonance 
with  the  taste  or  wishes  of  the  people,  their  at- 
tention was  directed  to  ascertain  if  they  could 
not  weave  into  a  flag  the  symbols  and  colours 
that  were  familiar  to  the  people  and  endeared 
by  a  thousand  recollections  ;  that  the  "gorgeous 
ensign"  of  the  once  "great  republic"  lay  at- 
our  feet,  its  stripes  were  defaced  ;  its  stars  had 
faded  ;  and  the  glorious  constellation  had  dis- 
appeared which  had  borne  our  name  from  the 
ice  ribbed  shores  of  the  great  northern  sea,  to 
the  very  verge  of  the  Southern  pole — that  the 
committee  unanimously  said  let  us  retain  these 
stripes,  for,  however,  discord,  disunion  and  fren- 
zied hate,  may  have  torn  the  country  asunder, 
the  memory  of  the  "  old  thirteen  "  still  live* — • 
their  struggles,  their  trials  and  the  crowning 
achievement  of  their  labors  shall  live,  while 
civilization  lasts,  in  the  memory  of  the  philoso- 
plier,  the  statesman,  the  philanthropist  and 
the  christian  ;  and  can  only  be  forgotten,  when 
we  cease  to  turn  with  affectionate  reverence  to 
the  calm  and  wise  counsels  of  him,  whom  I 
would  still  fain  believe  is  "  first  in  the  hearts  of 
his  countrymen." 

We  dedicate,  therefore,  the  thirteen  stripes 
upon  our  flag,  to  the  memory  of  those  whose 
unconquerable  love  of  freedom  has  taught  us 
this  daf,  how  peacefully  to  vindicate  our  rights 
and  protect  our  liberties. 

The  committee,  too,  could  not  forget  that 
another  race,  bold,  warlike  and  adventurous, 
had  planted  the  first  colony  of  white  men  on 
the  shores  of  Louisiana  ;  the  name  of  our  State, 
that  of  our  city,  nay,  even  the  morning  roll 
call  of  the  Convention,  as  it  summoned  us  to 
our  duties,  bade  us  remember  that  some  tribute 
was  due  to  the  children  and  descendants  of  the 
founders  of  the  colony — the  blue,  the  white,  the 
red,  emblems  of  liope,  virtue  and  valor,  to  the 
memory  of  those  who  first  on  this  soil  laid  the 
foundations  of  an  empire. 

Still  another  race  and  another  nation  re- 
mained who  equally  demanded  a  recognition  in 
a  flag  designed  to  be  national.    If  to  France  we 


48 


JOURNAL  OP  THE  CONVENTION 


are  indebted  for  the  foundation  of  the  colony, 
Spain  merits  an  acknowledgment  at  our  hands, 
for  by  her  was  the  infant  structure  built  up. 
iler  mild  and  paternal  rule  is  yet  spoken  of  by 
the  older  inhabitants,  whilst  the  great  body  of 
our  law  stands  this  day  a  monument  of  her  wis- 
dom. To  the  children  of  Spain  we  dedicate  the 
colors  of  red  and  yellow,  which  we  have  woven 
into  our  plan.  The  star  cannot  fail  to  remind 
you  that  Louisiana  has  arisen  to  take  her  place 
in  the  political  firmament. 

Uniting,  then,  our  three  distinct  nationalities 
into  one,  we  present  a  flag  which  carries  with  it 
a  symbol  dear  to  every  American,  whether  it 
be  at  the  last  hour  of  dissolution,  or  the  davm 
of  a  new  birth — it  is  the  badge  of  Union. 

What  the  future  fortunes  of  this  our  flag  may 
be  is  of  course  known  only  to  Him  who  holds  in 
his  hands  the  destinies  of  nations.  Should  the 
violence  of  enemies  force  us  to  the  battle-field, 
may  it  be  found  as  of  old.  in  the  foremost  ranks 
of  the  conflict.  But  our  mission  is  that  of  peace 
and  brotherhood.  So  permit  me,  as  I  consign 
to  the  Convention  this  new  emblem  of  our  na- 
tionality, to  speak  aloud  the  wish  dearest  to  my 
heart,  that  it  now  and  forever  may  wave  over  a 
peaceful,  a  happy,  a  united  and  independent 
Louisiana. 

On  motion  of  Mr,  Bienvenu,  the  rules  were 
suspended,  and  the  following  resolution 
adopted  : 

Be  it  resolved,  That  the  Secretary  of  this  Con- 
vention be  instructed  to  inform  the  Governor 
of  the  State  of  the  adoption  of  the  National 
Flag  of  Louisiana. 

Mr.  Swayze,  chairman  of  the  Committee  on 
Public  Lands,  presented  a  report  from  said 
committee,  which,  on  motion  of  Mr.  Todd,  was 
ordered  to  be  printed,  and,  on  motion  of  Mr. 
Swayze,  was  made  the  special  order  of  the  day 
for  to-morrow,  at  10  o'clock,  A.  M. 

Mr.  Gardere,  on  behalf  of  the  Committee  on 
Finance,  etc..  presented  a  report,  which  was 
made  tlie  special  order  of  the  day,  at  12  o'clock 
M.,  to-morrow. 

Mr.  Norton,  chairman  of  the  Committee  on 
Inventory  of  Federal  Property,  presented  the 
following  report,  which,  on  motion  of  Mr.  Est- 
lin,  was  accepted  : 

INVENTORY  OF  PROPERTY  of  ihe  United 
States  indirectly  and  directly  under  tl,"  control  of 
F.  H.  Hatch,  Esq.,  Collector  of  the  Port  of  New 
Orleans. 

INDIRECTLY     A3    DISBUKSIXG      AQKNT     OF     FL'BLIC 
WOKKS. 

New  Custom-house  building,  N.  0. 

incomplete,  on  which  has  been 

expended $2,958,78.3  15 

New  Marine  Hospital  building,  N. 

O..  incomplete,  on    which  has 

been  expended 379,720  80 

A3   SUPERINTENDENT   OF   LltfllTS. 

The  following  described  light  houses  within 
the  eighth  and  Ninth  Districts  of  the  United 
States,  the  value  of  which  I  have  no  means  of 
estimating : 


Destroyed  by  Storm  and  Discontinued. 
In  Eighth  District — Light-house  at 

Pontchartrain ■ 

In  Eighth  District — Light-house  at 

New  Canal 

In  Eighth   District— Light  house 

at  Bayou  St.  John 

In   Eighth    District— Light -house 

at  Bonfouca  

In    Eighth   District — Light-house 

at  Pass  Manchac 

In    Eighth    District — Light-house 

at  Fort  Pike 

In    Eighth   District — Light-house 

at  Tchcfuncta  river 

In   Eighth    District — Light-house 

at  Proctor viUe 

Ninth    District — Light-house     at 

De  .T  Island,  N.  E.  Pass 

Ninth    District — Light-house     at 

Gordon's  Island,  S.  Pass 

Ninth    Distriet — Light-house    at 

S.  W.  Pass 

Ninth    District — Light-house    at 

Pass  a-l'Outre ■ 

Ninth    District — Light-house    at 

Temballler  Bay 

Light    house    tender,   a  schooner 

'•  W.  F.  King,"  of  65  tons  bur- 
den          

DIRECTLY  AS   AGEXT   OF  MARINE   nOSriTAL. 

Furniture,  fixtures,  supplies,  etc., 
of  Marine  Hospital  establish- 
ment at  U.  S.  Barracks  estimated 
value $2,556  25 

Old  Marine  hospital  building  at 
Gretna,  in  a  dilapidated  state 
and  untenantable  condition. . . .         ■ 

AS   COLLECTOR   OF   CUSTOMS. 

New  warehouse  at  Quarantine  Sta- 
tion, completed  at  a  cost  of 41,328  G4 

Furniture  and  fixtures,  etc.,  of 
collector's  office 2,000  00 

Furniture  and  Fixtures,  etc.,  of 
naval  office 200  GO 

Furniture  and  fixtures,  etc.  of  Sur- 
veyor's office  with  apparatus  of 
weighers,  gangers,  measurci  and 
makers.. 1,115  00 

Furniture,  fixturei>,  etc.,  of  Ap- 
praiser'«  o'lico 150  00 

Revenue  boat-j  u.std  by  boarding 

officers  at  New  Orleans 100  00 

Boarding  station  building  at 
Southwest  Pass,  in  damaged 
condition  from  late  storm,  boats 
etc 

Boarding  Station  building  at  Pass 
a-1'Outre,  damaged  by  late 
storms,  boats,  etc 

Revenue  cutter  '•  Robert  Mc-Lel- 
land,"  complete  and  in  service, 
estimated  value 20,000  00 

Revenue  cutter  "  Washington," 
undergoing  repairs  ;  incomplete 
on  which  has  been  expended  to 
date 13,550  00 


OP  THE   STATE  OP  LOUISIANA. 


49 


Office  furnitnre  and  apparatus  of 
local  iDBpectors  of  hulls  and 
boilers 216  50 

CASH. 

Dead  money  collected  under  act 
of  3d  March,  1855,  section  14. 
to  31st  January,  1861 $1,280  00 

Balance  on  hand  as  Disbursing 
Agent  of  the  Treasury  on  30th 
January,  1861,  subject  to  ad- 
justment of  my  accounts 176  81 

All  other  balance  having  been  deposited  with 

the  Assistant  Treasurer  of  the  United  States  at 

New  Orleans,  on  the  30th  January,  1801. 

MEMORANDUM. 

The  following  is  the  amount  of 
impost  duties  assessed  on  mer- 
chandise in  warehouse,  entered 
for  warehousing  to  31st  January 

1861 $731,330  00 

Mr.  Kennedy,  chairman  of  Committee  on  Cit- 
izenship, presented  an  "  ordinance  relative  to 
the  oath  of  allegiance,"  and,  on  his  motion,  the 
rules  were  suspended  for  the  immediate  con<5id- 
cration  of  said  ordinance,  and  moved  for  its 
adoption. 

Mr.  Elara  moved  to  postpone  the  con.sidera- 
tion  of  said  ordinance,  that  it  be  printed  and 
made  the  special  order  of  the  day  lor  to-mor- 
row, which  was  carried. 

SPECIAL   ORDER  OF  THK   PAY. 

''  An  ordinance  in  relation  to  Patents." 

Mr.  Girard,  chairman  of  the  Committee  on 
Patents,  moved  to  take  up  the  said  ordinance, 
and  that  it  be  adopted. 

Mr.  Davidson,  of  Sabine,  moved  to  postpone 
the  consideration  of  said  ordinance  until  the 
(ith  of  March  next,  which  was  carried. 

Mr.  Walker  then  called  up  the  ordinance  re- 
ported by  him  yesterday,  as  Chairman  of  Com- 
mittee on  Postal  Affairs,  and  made  a  special 
order  for  to-day,  which  reads  as  follows  : 

AN  ORDINANCE  relative  to  Postal  Arrange- 
ments in  Louisiana. 

Whereas,  the  State  of  Louisiana  owes  it  to  her 
own  citizens  and  to  those  of  other  States,  thut 
as  one  of  the  contracting  parties,  she  would  not 
prevent  or  interrupt  the  performance  of  the 
pending  contracts  for  carrying  and  delivering 
the  mails  made  by  the  United  States,  while 
Louisiana  was  one  of  said  States: 

Be  it  ordained  by  the  peopk  of  the  State  of  Louis- 
iana, in  Convention  assembled,  That  the  existing 
postal  contracts  and  arrangements  shall  be  con- 
tinued, and  the  persons  charged  with  the  duties 
thereof,  shall  continue  to  discharge  naid  duties 
until  a  postal  treaty  or  treaties  shall  be  con- 
cluded, or  until  otherwise  ordered  by  this  Con- 
vention, or  by  some  competent  authority. 

Mr.  Walker  moved  to  amend  the  ordinance 
reported,  by  striking  out  in  the  third  line,  the 
words  "  shall  be  continued,"'  and  inserting  in 
lieu  thereof,  the  words  "will  not  be  inter- 
rupted by  the  State  of  Louisiana  ;''  and  in  the 
fourth  line,  by  striking  out  the  word  **  shall,'- 
and  inserting  the  word  "  may  "  instead,  and  in 

G 


the  seventh  line  by  inserting  the  word  '*  other  "' 
between  the  words  "  some  "  and  "  competent.'* 
which  amendments  being  agreed  to,  the  ordi- 
nance was  adopted. 

Mr.  Walker  moved  to  adopt  the  preamble  to 
said  ordinance  as  reported. 

Mr.  Semmes  moved  to  strike  out  the  pream- 
ble, which  was  agreed  to,  and  the  question  re- 
curring upon  the  ordinance  thus  amended  as  a 
whole,  it  was  adopted,  and  reads  as  follows, 
viz  : 

AN  ORDINANCE  relative  to  Postal  Arrange- 
ments in  Louisiana. 

Be  it  ordained  by  the  peojile  of  Louisiana,  in  (Jovr 
veniion  asssmbled,  That  the  existing  postal  con- 
tracts and  arrangements  will  not  be  interrupted 
by  the  State  of  Louisiana,  and  the  persona 
charged  with  the  duties  thereof,  may  continut 
to  discharge  said  duties  until  a  postal  treaty 
or  treaties  shall  be  concluded,  or  until  other- 
wise ordered  by  this  Convention,  or  by  eome 
ether  competent  authority. 

Mr.  Olivier,  chairman  of  the  Committee  ou 
State  Constitution,  reported  unfavorable  with 
regard  to  a  resolution  of  Mr.  Dorsey  referred 
to  that  committee,  relative  to  the  amendment 
of  article  123  of  the  Constitution. 

The  same  delegate  from  the  same  Committee 
ftlso  reported  unfavorably  as  to  an  ordinance 
presented  by  Mr.  Thomassou,  relative  to  the 
amendment  of  article  11   of  the  Constitution. 

An  ordinance  to  alter  certain  articles  of  the 
Constitution  was  then  presented  by  Mr.  Olivier, 
and,  on  his  motion,  the  rules  being  suspended, 
said  ordinance  was  considered  section  by  section 
for  adoption. 

Mr.  Semmes  suggested  that  in  the  tilth  line 
of  section  1st  the  word  "  is  ••  be  stricken  out, 
and  the  words  "  shall  be,''  inserted  in  lieu 
thereof,  between  the  words  "  who  "  and  '•  citi- 
zen,'' which  being  agreed  to,  the  section  aa 
amended  was,  on  motion  of  Mr.  Olivier  adopted. 

Section  second  was  then  taken  up.  and,  on 
metion  of  Mr.  Olivier,  adopted. 

On  motion  of  the  same  delegate  the  ordinance 
as  amended,  was  adopted  as  a  whole,  and  reads 
as  follows : 

AN  ORDINANCE  to  alter  certain  articles  ot 

the  Constitution. 

We,  the  people  of  the  State  of  Louisiana,  in  Con- 
vention assembled,  do  declare  and  ordain,  and 
it  is  hereby  declared  and  ordained  : 

First,  That  article  ten  of  the  Constitution  of 
the  State  bo,  and  the  same  is  hereby  altered  so 
as  to  read  as  follows,  to-wit  : 

Every  free  white  male  who  has  attained  the 
of  twenty-one  years,  and  who  shall  be  a  cit- 
izen of  the  State,  and  has  been  a  resident  therein 
twelve  months  next  preceding  the  election,  and 
the  last  six  months  thereof  in  the  parish  ia 
which  he  oilers  to  vote,  shall  have  the  right  of 
voting  ;  but  no  voter  removing  from  one  parish 
to  another  within  the  State  shall  lose  the  right 
of  voting  in  the  former  until  he  shall  have  ac- 
quired it  iu  the  latter.  Electors  shall  in  all 
cases,  except  treason,  felony,  or  breach  of  ttjg^ 
peace,  be  privillged  from  arrest  during  their 


50 


JOURNAL   OP   THE  CONVENTION 


attendance  at,  going  to,  or  returning  from  elec- 
tions. 

Second,  That  article  ninety-nine  be  and  the 
same  is  hereby  altered  so  as  to  read  as  follows, 
to-wit :  No  person,  holding  or  exercising  any 
office  of  trust  or  profit  under  any  Confederacy 
of  States  or  under  any  foreign  power,  shall  be 
eligible  as  a  member  of  the  General  Assembly, 
or  hold  or  exercise  any  office  of  trust  or  profit 
under  the  State. 

Mr.  Tappan.  on  behalf  of  the  Committee  on 
Judiciary,  called  up  an  ordinance  heretofore 
presented  by  him  c  :.ucerning  crimes  and  offences 
under  the  laws  of  the  late  Government  of  the 
United  States,  which  on  motion,  was  considered 
section  by  .section. 

The  1st  section  being  read,  it  was,  on  motion 
of  Mr.  Tappan,  amended  by  striking  out  in  the 
seventh  line  the  words  "  and  other  offences," 
and  the  section  thus  amended,  was,  on  motion 
of  the  same  delegate  adopted. 

The  2d,  3d,  4th  and  5th  sections  being  read, 
on  motion  by  Mr.  Tappan,  were  respectively 
adopted. 

The  6th  section  being  read,  Mr.  Marks,  of 
Caddo,  moved  to  amend  by  transposing  the  said 
6th  section  for  the  7th  section,  which  was  car- 
ried, and  the  said  7th  section  thus  transposed, 
was,  on  motion  by  Mr.  Tappan,  adopted  as  the 
Cth  section  of  the  ordinance. 

For  the  7th  section,  on  motion  by  Mr.  Tap- 
pan,  the  6th  section  of  the  ordinance  as  reported 
was  adopted  as  the  7th  section  of  said  ordi- 
nance. 

Mr.  Rozier  moved  to  amend  the  ordinance  by 
adding  the  following  section  : 

Sec.  8.  That  the  Supreme  Court  of  the  State 
shall  have  appellate  jurisdiction  in  all  criminal 
ca.ses  on  questions  of  law  alone. 

Which  was  rejected. 

On  motion  by  Mr.  Tappan,  the  ordinance  as 
amended  was  then  adopted  as  a  whole,  and 
reads  as  follows  : 

AN  ORDINANCE  Concerning  crimes  and  of- 
fences, under  the  laws  of  the  late  Government 

of  the  United  States. 

Tlie people  of  the  Slate  of  Louisiana,  in  Convention 
aMsembled,  do  declare  and  ordain,  and  it  is  hereby 
declared  and  ordained,  as  follows  : 

1.  Tliat  all  laws  of  the  late  Unitei  States  of 
America,  in  force  in  this  State  on  the  26th  day 
of  January,  A.  D.  18U1,  defining  crimes  and 
offences,  and  providing  punishments  for  the 
same,  are  hereby  reeuacted  and  adopted  as  laws 
of  the  State  of  Louisiana,  except  such  laws  as 
define  and  punish  treason  against  the  late  Gov- 

'ernment  of  the  United  States,  and  such  other 
laws  as  are  inconsistent  with  any  of  the  ordi- 
nances of  this  Convention. 

2.  That  all  prosecutions  for  said  crimes  and 
offences,  shall  be  carried  on  in  the  name  and  by 
the  authority  of  the  State  of  Louisiana,  and 
conclude  against  the  peace  and  dignity  of  the 
same. 

3.  That  all  prosecutions  for  said  crimes  and 
offences  shall  be  carried  on  in  the  courts  adopted 
by  this  Convention  under  an  ordinance  entitled 


"  An  Ordinance  concerning  the  Circuit  and 
District  Courts,  established  in  the  State  of 
Louisiana  by  the  late  Government  of  the  United 
States,"  and  in  accordance  with  the  jurisdiction 
therein  delincd. 

4.  Tliat  all  judgments  of  the  courts  of  the 
late  United  States  in  this  State,  heretofore  ren- 
dered, condemning  under  said  laws  any  person 
to  punishment,  shall  remain  in  full  force  and 
effect  ;  and  all  persons  now  in  custody  in  any 
prison  or  the  penitentiary  of  this  State  by  vir- 
tue of  f-aid  judgment,  shall  remain  in  custody 
until  the  full  and  complete  execution  of  said 
judgment,  unless  sooner  discharged,  as  herein- 
after provided, 

5.  That  the  power  to  grant  reprieves  and 
pardons  for  said  crimes  and  offences,  heretofore 
belonging  to  the  President  of  the  United  States, 
is  hereby  conferred  upon  the  Governor  of  this 
State,  with  the  approval  of  the  Senate, 

6.  That  no  ordinance  passed  by  this  Conven- 
tion shall  operate  as  a  discontinuance  of  any 
prosecution  already  commenced  under  laws  of 
the  late  Government  of  the  United  States  ,  and 
the  same  shall  be  continued,  prosecuted  and 
punished  in  the  same  manner,  as  if  no  alteration 
had  been  made  in  the  form  of  Government, 
merely  changing  what  ought  to  be  changed  to 
conform  to  the  present  oi'dinance, 

7.  That  the  Legislature  shall  have  power 
to  amend,  alter  or  abolish  any  of  the  provisions 
of  this  ordinance. 

Mr.  Manning,  on  behalf  of  the  Committee  on 
Commerce  and  Navigation,  called  up  an  ordin- 
ance heretofore  reported  by  him  concerning  the 
protection  of  the  State  from  invasion  by  sea  ; 
which,  on  his  motion,  was  taken  up  section  by 
Bection. 

Section  1st  being  read,  it  was,  on  motion  by 
Mr.  Manning,  amended  by  striking  out  in  the 
second  line  the  words  "  other  resident  and  in- 
habitant of  this  State,"  and  inserting  in  lieu 
thereof  "  other  ijerson,"  and  in  the  seventh  line 
by  inserting  the  words  '■  or  up  either  of  said 
rivers,"  after  the  words  "  Atchafayala  river," 
which  v.'as  agreed  to,  and  the  section  as  amend- 
ed, was,  on  motion,  adopted. 

Section  2d  having  been  read,  on  motion  of 
Mr.  Manning,  it  was  adopted. 

Section  3d  being  taken  up.  Mr.  Bienveuu 
moved  to  strike  out  said  section,  which,  on  mo- 
tion of  Mr.  Lawrence,  was  laid  on  the  table, 
and  the  said  section  adopted. 

The  4th  section  was  read,  and,  on  motion  of 
Mr.  Manning,  was  adopted,  and  the  ordinance, 
as  amended,  was.  on  motion  of  the  same  dele- 
gate, adopted  as  a  whole,  and  rgads  as  follows, 
viz  : 

AN  ORDINANCE  to  guard  the  State  from  In- 
vasion by  sea. 

We,  the  people  of  the  State  of  Lmisiana,  do  de- 
dare  and  ordain,  and  it  is  hereby  declared  and  or- 
dained : 

1.  That  any  pilot  or  branch-pilot,  holding  a 
license  or  commission  under  the  lav.'s  of  fhis 
State,  or  any  other  person,  who  shall  conduct 
any  armed  vessel  belonging  to  the  Government 


OP  THE  STATE  OP  LOUISIANA. 


51 


of  the  late  United  States,  into  either  of  the 
mouths  of  the  Mississippi  river  or  into  the 
Atchafajala  river,  or  up  either  of  said  rivers, 
or  into  any  bay  or  bayou  leading  into  the  inte- 
rior of  this  State,  shall  be  siibjoct  to  indictment 
in  the  First  District  Court  of  New  Orleans,  and 
upon  conviction,  shall  be  fined  not  more  than 
one  thousand  dollars  and  be  imprisoned  at  hard 
labor,  not  less  than  five  years  nor  more  than 
ten  years  ;  provided,  however,  that  the  Gov- 
ernor of  this  State  shall  have  power  to  suspend 
the  operatioB  of  this  ordinance  whenever  he 
may  deem  it  advisible. 

2.  That  the  (Governor  of  this  State  is  hereby 
empowered  to  cause  all  buoys  and  beacons  in 
the  channels  leading  into  the  rivers  above  men- 
tioned, and  all  landmarks  that  may  serve  as 
guides  for  vessels  entering  said  rivers,  to  be 
removed  whenever  in  his  opinion  the  public 
safety  may  recjulre  such  removal. 

3.  That  the  Governor  of  this  State  is  hereby 
authorized  and  emix)wcred  to  remove  any  pilot 
or  branch  pilot  from  office  whenever  he  may 
have  good  cause  to  sBspect  his  fidelity  to  the 
State  uf  Louisiana. 

4.  That  the  General  Assembly  of  this  State 
is  hereby  authorized  and  empowered  to  repeal 
or  modify  this  ordinance. 

On  motion  of  Mr.  Fuqua,  the  rules  were  sus- 
pended, and  the  lollowing  resolution  adopted  : 

J{m>lv,'d,  That  the  Hon.  John.  Slidell.  and  the 
Eon.  J.  1'.  Uenjamin,  late  Senators  of  the  State 
of  Loui^^iaua.  in  the  Congress  of  the  United 
States,  be  invited  to  seats  within  the  bar.  and 
that  a  committee  of  three  be  appointed  to  notify 
(Iiem  of  this  resolution. 

On  this  committee  the  President  appointed 
.Messrs.  Fuqua,  Miles  anrl  Lawrence. 

Comuuinications  from  Mr.  T.  K.  Wharton. 
Esq..  Superintendent  of  the  new  Custom-house, 
the  Marine  Hospital,  and  the  Quarantine  Ware- 
house, were  then  read,  and  on  motion,  referred 
to  the  Committee  on  Commerce  and  Naviga- 
tion. 

On  motion  of  Mr.  Moore,  t!ie  Convention  ad- 
journed. 

J.  T.  WHEAT,  Secretary. 


Tlksday,  February  12.  1861. 

The  Convention  met  pursuant  to  adjourn- 
ment. 

Hon.  A.  Mouton.  President,  in  the  chair. 

After  prayer  by  Rev.  Mr.  McCoy,  the  roll  was 
called  and  57  delegates  answered  to  their 
names. 

Mr.  Taylor,  of  St.  Charles.  Chairman  of  Com- 
mittee on  Military  and  Naval  Affairs,  reported 
the  arrangements  of  that  Committee,  to  whom 
the  matter  had  been  referred,  relative  to  the 
proper  manner  of  inaugurating  and  saluting 
the  national  flag  of  Louisiana.  The  ceremony 
to  be  as  follows  :  The  Convention,  in  a  body, 
to  move  to  Lafayette  Square,  where  the  mili- 
tary of  the  city  are  drawn  up,  and  at  11  o'clock 
l>recisely  the  flag  to  be  run  up  on  the  tlag-staff 
of  the  City  Hall,  and  at  the  same  moment   a 


salute  of  twenty-one  guns  of  artillery  to  be 
fired. 

The  same  delegate  then  moved  that,  for  the 
purpose  of  carrying  out  this  programme  of  ar- 
rangements, that  the  Convention  take  a  recess 
until  llj  o'clock,  which  was  carried. 

At  IIJ  o'clock  the  Convention  resumed  its 
sitting. 

On  motion  of  Mr.  Davidson,  of  Sabine,  the 
roll  was  called  again,  and  86  delega.eR  ans\\"ered 
to  their  names. 

The  journal  of  yesterday  was  read  and  ap- 
proved. 

Mr.  Walker  offered  the  following  resolution, 
and  a  .suspension  of  the  rules  being  granted,  it 
was.  on  motion,  adopted: 

Besolved.  That  the  Hon.  John  Robertson. 
Commissioner  from  the  State  of  Virginia,  and 
an  honored  citizen  of  that  valuable  and  re- 
nowned commonwealth,  be  invited  to  a  .«eat  on 
the  floor  of  this  Convention. 

Mr.  Moore  introduced  the  Hon.  John  Robert- 
son. Commissioner  of  Virginia,  who  addressed 
the  Convention. 

Mr.  Richardson  offered  the  following  resolu- 
tion, and  the  rules  being  suspended,  it  was,  on 
motion,  adopted  : 

Resolved,  That  the  late  Representatives,  who 
have  resigned  their  seats  in  the  Congress  of  the 
late  United  States,  be  invited  to  seats  on  the 
floor  of  this  Convention. 

Mr.  Gardere,  in  l>ehalf  of  the  Committee  on 
Finance,  made  the  following  report  on  c  rtaln 
resolutions  that  had  been  referred  to  said  com- 
mittee : 

Favorably  on  a  resolution  to  pay  William 
Bloomfield,  Sr.,  Postmaster  to  tlio  Convention 
while  at  Batou  Rouge,  the  sum  of  twenty-five 
dollars. 

Which,  on  motion,  was  adopted. 

Favorably  on  a  resolution  authorizing  the 
Treasurer  of  the  Mint  at  New  Orleans,  to  pay 
out  of  the  funds  arising  from  the  revenue  of 
the  port  of  New  Orleans,  a  treasury  warrant 
issued  on  the  31st  day  of  January.  1861.  for 
the  sum  of  $33.5.  in  favor  of  H.  C.  Miller.  Escj.. 
late  United  States  District  Attorney  for  the 
Eastern  Disirict  of  Louisiana  ;  said  sum  being 
a  balance  of  salary  due  :  which,  on  motion,  was 
adopted. 

Favorably  on  a  resolution  authorizing  the 
Treasurer  of  the  Mint  at  New  Orleans,  to  pay 
out  of  the  funds  deposited  to  the  credit  of  the 
public  revenue  of  the  United  States,  anterior 
to  the  31st  January,  1861,  treasury  warrant 
No.  2052.  issued  at  Washington,  in  fovor  of 
Captain  James  Davis,  of  New  Orleans,  dated 
on  the  30th  day  of  January.  1801,  for  the  sum 
of  $2493  12,  said  draft  being  in  part  payment 
for  the  construction  of  the  Government  wharf 
at  the  Quarantine  Station  on  the  Mississippi 
river,  bidow  the  city  of  Now  Orleans  :  which, 
on  motion,  was  adopted. 

In  addition  to  this  report.  Jfr.  Gardere  of- 
fered the  following  resolution,  w-hich  was 
adopted  : 

Resolved,    That    the    State    Depositary    and 


52 


JOURNAL  OP  THE  CONVENTION 


Treasurer  of  the  Mint,  at  New  Orleans,  be  au- 
thorized to  pay  out  of  the  revenue  fund  war- 
rant No.  2012,  of  the  Treasury  Department  at 
Washington,  dated  2!)th  January,  18(31.  for 
thirty-three  dollars  aad  fifteen  cents,  in  favor 
of  said  Assistant  Treasurer,  for  contingent  ex- 
penses of  his  office  in  New  Orleans,  for  the 
quarter  ending  Slst  December,  ISGO. 

Mr.  Bieuvenu,  having  aslied  and  obtained 
leave,  and  the  rules  being  suspended,  offered 
the  following  resolution,  which,  on  his  motion, 
was  adopted : 

Resolved,  That  the  sum  cf  tvreuty-Sve  dollars 
be  allowed  to  C.  A.  DeArmas  as  a  compensa- 
tion for  having  made  and  painted  the  original 
drawing  which  was  used  in  the  making  of  the 
flag  adopted  by  this  Convention  as  the  flag  of 
Louisiana. 

Mr.  Estlin  moved  to  Eu?pend  the  rules,  to 
take  up  tiio  resolution  heretofore  oii'ered  by 
him,  relating  to  the  appointment  of  a  com- 
mittee of  five  to  collect  information  and  report 
to  the  Convention,  upon  its  re-assemljliug  in 
March,  upon  the  expediency  of  making  the 
banks  now  in  existence  in  the  State,  uniform  in 
their  charters,  provided  the  said  banks  will 
agree  to  p;iy  a  satisfactory  bonus  to  the  State, 
which  was  refused. 

SPECIAL  ORDER  OF  THE  DAT, 

The  report  of  Committee  on  Public  Lauds, 
Mr.  Swayzc,  chairman,  being  an  ordinance 
relative  'to  the  unappropriated  public  do- 
main in  the  State  of  Louisiana,  which  was 
made  the  special  order  of  the  day  for  to-day  at 
12  o'clock",  was  then  taken  up  section  by 
Bcction. 

Section  1st  being  read,  was,  on  motion  by  Mr. 
Moore,  adopted. 

Section  2d  being  read,  it  was,  on  motion  by 
Mr.  Svvayze,  amended  by  striking  out,  in  the 
eighth  and  ninth  lines,  the  words  "  on  that  day, 
commonly  called  the  Ordinance   of  Secession." 

And,  on  motion  by  Mr.  Todd,  it  was  further 
amended  by  striking  out,  in  the  tenth  line,  all 
after  the  word  "State,"  to  the  end  of  the 
section. 

And,  on  motion  by  Mr.  Swayze,  the  said  sec- 
tion 2d,  as  amended,  was  adopted. 

Section  3d  being  read,  was,  on  motion  by  Mr. 
Manning,  amended  in  the  seventh  line,  so  as  to 
make  the  word  '-ordinance"  read  "ordinances;" 
mid  in  the  fifth  line,  by  striking  out  the  word 
••  s'lid  "  Irofore  the  word  "  surveyor.'" 

Mr.  I)''Blanc  moved  tu  furtlu'r  amend  the  said 
TkI  s''Ctio:i  by  inserting,  in  the  fifth  line,  after  the 
word  "  GiMieral,"  tht;  words  "of  the  State  of 
Lonisiana,"  which  w.is  agreed  to. 

Mr.  Girard  moved  to  amend,  by  striking  out 
the  word  "of"  before  the  words  "  tiie  ordi- 
naaccs,"  in  the  fifth  line,  which  was  also  agreed 
to,  and  the  section,  as  amended,  cas,  on  motion 
!)y  Mr.  Swayze,  adopted. 

The  4th  section  being  read,  it  was,  on  motion 
by  Mr.  Talbot,  amended  in  the  4th  line,  by 
striking  out  the  words  "  allegiance  to,"  and  in- 
Bcrting.  in  lieu  thereof,  llie  words  "  office  of," 


The  4th  section,  as  amended,  was  then,  on 
motion  by  Mr.  Swayze,  adopted. 

The  5th  section  being  read,  was  on  motion 
by  Mr.  Moore,  adopted. 

The  6th  section  being  read,  it  was  amended, 
on  motion  by  Mr.  O'Bryan,  by  striking  out  the 
word  "  heretofore,"  in  the  fifth  line,  and  in- 
serting instead  the  words  "  required  to  be  ren- 
dered and,"  and  by  striking  out  the  word 
"  therein,"  in  the  9th  line,  and  inserting  instead 
the  woi'd  "  herein." 

And,  on  motion  by  Mr.  Elgee,  the  Cth  sec- 
tion was  further  amended,  by  striking  out  the 
words  "  of  the  State,"  and  inserting  after  the 
words  "  Surveyor-General  "  in  the  tenth  line, 
the  words  "  of  Public  Lauds  for  the  District 
of  Louisiana,"  and  the  section,  thus  amended, 
was  adopted. 

The  7th  section  was  read,  and,  on  motion  by 
Mr.  O'Bryan,  amended  by  striking  out  the  word 
"  declared,"  in  the  8th  line,  and  inserting  the 
word  "deemed,"  and  the  section,  thus  amended, 
was,  on  motion  by  Mr.  Moore,  adopted. 

The  Sth  section  was  then  read,  when  Mr. 
Elgee  ofi'ered  the  following  as  a  substitute  : 

That  there  shall  be  a  Department  of  Public 
Lands,  the  office  whereof  shall  be  fixed  at  the 
seat  of  Government  for  this  State,  and  there 
shall  be  an  officer  appointed  to  preside  over  the 
same,  whose  title  shall  be  the  Commissioner  of 
Public  Lands. 

Resolved,  That  the  Commissioner  of  Public 
Lands  be  appointed  by  the  Governor,  with  the 
advice  and  consent  of  the  Senate  ;  his  office 
shall  contiiuie  for  four  years,  unless  saoner  re- 
moved ;  he  shall  receive  a  fixed  annual  salary 
of  four  thousand  dollars,  and  shall  not  be  enti- 
tled to  any  fees. 

Resolved,  That  the  duties  and  powers  of  said 
Commissioner  of  Public  Lands  shall  be  the 
same  as  those  of  the  Commissioner  of  Public 
Lands  of  the  late  Government  of  the  United 
States,  until  otherwise  modified  by  this  Con- 
vention, or  by  the  Legislature  of  the  State. 

Mr.  Dupre  moved  to  lay  the  substitute  offered 
by  Mr.  Elgee  on  the  table. 

Mr.  Elgee  demanded  the  yeas  and  nays 
thereon. 

Yeas  :  Messrs.  Bermudez,  Bonford,  Bonner, 
Butler,  Cook.  Connelly,  Davidson  of  Livingston, 
DeBlanc,  Dorsey,  Dupre,  Fuselier,  Fuqua,  Gar- 
dere,  Girard,  Hernandez,  Herron,  HoUings- 
worth,  Legroue,  JlcCoUom,  Meredith,  Michel, 
xMoore,  Olivier,  Patterson,  Peck,  Pemberton, 
Richardson,  Roman,  Scott  of  East  Feliciana, 
Smith,  Svvayze,  Taylor  of  St.  Landry,  Todd, 
Williams  of  St.  Helena  and  Wiltz— 35. 

Nays  :  Messrs.  Burrow,  Bienvenu.  Briscoo, 
Conner  of  Concordia,  Cottman.  Duffel,  Elgee, 
I'jstlin,  Gladden,  Gray,  Hodge,  Kennedy,  Laba- 
tut,  Lawrence,  LeBourgeois,  Lewis  of  Orleans, 
Manning,  Marrero,  Marks  of  Orleans,  Martin  of 
Assumption,  Martin  of  Carroll,  Magee,  Mc- 
Closkey,  McFarland,  McNeely,  Melancon,  Miles, 
Miller,  Norton,  O'Bryan,  Perkins  of  Orleans, 
Pierson  of  Natchitoches,  Provosty,  Rozier, 
Scmmes,   Slawson,   Smart,   Stewart,  .Stocker, 


OF  THE  STATE  OP  LOUISIANA. 


5S 


Talbot,  Texada,    Towles.    Tucker,  Valentine, 
Walker,  Wilkinson  and  York — 47. 

Yeas,  35  ;  nays,  47. 

Consequently  the  said  motion  to  lay  on  the 
table  was  lost. 

Mr.  Martin,  of  Assumption,  moved  to  lay  the 
ordinance  reported  by  the  Committee  on  Public 
Lands  on  the  tabic  subject  to  call,  which  was 
carried, 

Mr.  Lawrence,  having  obtained  leave,  and 
the  rules  being  suspended,  offered  the  follow- 
ing resolution,  which  was  adopted  : 

Resolved,  That  the  hour  of  adjournment  fixed 
in  the  resolution  heretofore  adopted  by  this 
Convention  at  2  o'clock  be  rescinded,  and  the 
hour  for  adjournment  be  fixed  at  3  o'clock. 

The  President  having  stated  that  he  had  re- 
ceived some  information  that  he  was  desirous 
of  communicating  to  the  Convention, 

Mr.  Martin,  of  Assumption,  moved  that  the 
hall  be  cleared,  and  that  the  Convention  go 
into  secret  session,  which  was  carried  and  the 
Convention  went  into  secret  session. 

After  an  interval  of  fifteen  minutes,  the 
doors  of  the  Convention  having  been  opened, 
the  Convention  resumed  its  open  session. 

Mr.  Gardere,  on  behalf  of  the  Committee  on 
Finance,  etc.,  moved  a  suspension  of  the  rules, 
for  the  purpose  of  taking  up  and  acting  upon 
the  report  of  that  committee  which  was  this 
day  submitted  by  him,  which  was  granted,  and 
the  following  resolutions,  reported  by  him  as 
chairman,  were  then  taken  up  and  acted  upon 
separately,  and  item  by  item. 

Resolved.  That  the  salaries  and  emoluments  of 
the  several  officers  of  this  Convention  be  and 
the  same  are  hereby  fixed  as  follows,  viz  : 

Secretary,  for  services  rendered  and  to  be 
rendered  as  Secretary  of  this  Convention, 
$2000,  one-half  of  said  sum  payable  in  advance. 

Assistant  Secretary,  for  services  rendered  and 
to  be  rendered,  one  thousand  dollars,  one-half 
of  which  payable  in  advance. 

Second  Assistant  Secretary,  eight  dollars  per 
day. 

Sergeant-at-Arms,  for  services  rendered  and 
to  be  rendered,  twelve  hundred  dollars,  one 
half  of  said  sum  payable  in  advance. 

Translating  Clerks,  ten  dollars  per  day  each. 

Warrant  Clerk,  eight  dollars  per  day. 

Journal  Clerks,  Enrolling  Clerks,  Postmaster, 
Assistant  Sergeant-at-Arms  and  Door-keeper, 
five  dollars  each  per  day. 

Pages,  two  dollars  each  per  day. 

Re  it  further  Resolved,  That  the  sum  of  twenty- 
five  dollars  be  paid  to  J.  Korwin  for  services 
Ti'iidered  in  enrolling  on  parchment  the  Ordi- 
nance of  Secession. 

Mr.  Herron  moved  to  amend  the  said  report, 
by  inserting  as  the  salary  of  the  Second  Assis- 
tant Secretary  the  sura  of  one  thousand  dollars, 
making  it  the  same  as  that  of  the  Assistant 
Secretary,  instead  of  eight  doUar.s  per  day  ; 
which  was  refused. 


Mr,  Herron  then  moved  to  amend  by  insert- 
ing ten  dollars  per  day  as  the  salary  of  the 
Second  Assistant  Secretary,  instead  of  eight 
dollars,  as  reported  ;  which  was  adopted. 

Mr.  O'Bryan  then  moved  to  amend  said  re- 
port by  allowing  the  Pages  of  the  Convention 
three  dollars  per  dienv instead  of  two  dollars, 
as  reported,  which  was  adopted. 

Mr.  Gardere  moved  that  the  report,  &» 
amended,  be  adopted  as  a  whole. 

Mr.  Richardson  demanded  the  yeas  and  nays 
thereon,  which  resulted  as  follows,  viz  : 

Yeas  :  Messrs.  Avegno,  Bermudez,  Bienvenu, 
Bonford.Briscoe,  Butler,  Caldwell.  Cook,  Conner 
of  Concordia.  Ctttman,  Davidson  of  Livingston, 
Davidson  of  Sabine,  DeBlanc,  Dorsey,  Dupre, 
Elam,  Estlin,  Fuselier.  Fuqua,  Gardere,  Glad- 
den, Girard,  Hernandez,  Herron.  Hodges,  Hol- 
lingsworth,  Kennedy,  Labatut,  Lawrence,  La- 
groue,  LeBourgeois,  Lewis  of  Orleans,  Marrero, 
Marks  of  Orleans,  Martin  of  Assumption,  Mar- 
tin of  Carroll,  McCloskey.  McCoUom,  Melancon, 
Miles,  Michel,  Miller,  Moore,  Norton,  O'Bryan, 
Olivier,  Patterson,  Peck,  Pemberton,  Provosty, 
Roman,  Roselius,  Scott  of  East  Eeliciana, 
Semraes,  Slawson,  Tappan,  Talbot.  Taylor  of 
St.  Charles,  Texada,  Tucker,  Walker,  Wilkin- 
son, Wiltz  and  York— 64. 

Nays :  Messrs,  Bonner,  Burton.  Connelly, 
Gray,  Manning,  Magee,  McFarland,  McNeely, 
Meredith,  Perkins  of  Orleans,  Pierson  of  Nat- 
chitoches, Richardson,  Rozier,  Smith,  Stewart, 
Stocker,  Swayze,  Taylor  of  St.  Landry,  Todd 
and  Valentine — 20. 

Yeas,  64  ;  nays,  20. 

Coiftequently  the  said  import,  as  amended, 
was  adopted  as  a  whole. 

The  following  resolution,  heretofore  referred 
to  the  Committee  on  Finance,  etc.,  was  also  re- 
ported upon  favorably  by  said  Committee,  and, 
on  motion,  adopted  : 

Resolved,  That  J,  H.  Peralta,  Sergeant-at- 
Arms  of  the  House  of  Representatives,  and 
William  Fletcher,  Door-keeper,  be  allowed  $25 
each,  and  Alexander  Taylor,  Assistant  Ser- 
geant-at-Arms, be  allowed  $12  50  for  their 
services  in  their  respective  capacities,  in  the 
organization  ot  the  Convention. 

Mr.  Todd  moved  to  take  up  the  Ordinance 
on  Public  Lands,  which  was  agreed  to. 

Mr.  Todd  then  moved  to  lay  on  the  table  the 
substitute  to  the  eighth  section  of  said  ordi- 
aance,  offered  by.Mr.  Elgee,  and  all  the  remain- 
ing sections  of  said  ordinance  not  heretofore 
acted  upon,  which  was  carried. 

The  same  delegate  then  moved  to  adopt 
those  sections  of  the  ordinance  already  passed 
upon,  as  amended,  as  a  whole. 

Mr.  Herron  offered  the  following  as  an  addi- 
tional section,  which,  on  motion  by  Mr.  Moore, 
was  laid  on  the  table. 

Be  it  further  Resolved,  That  full  power  is  here- 
by conferred  on  the  Legislature  of  this  Slate, 


54 


JOURNAL   OF   THE   CONVENTION 


to  alter,  amend,  or  repeal  this  ordinance,  and 
to  pass  laws  for  the  sale  and  administration  of 
tlie  public  lands,  and  provide  for  the  appoint- 
ment of  such  officers  as  may  be  necessary  for 
that  purpose. 

The  question  recurring  upon  the  adoption  of 
said  ordinance  as  a  whole,  it  was  carried,  and 
is  as  follows,  viz  : 

ORDINANCE  relative  to   the  unappropriated 
public  domain  in  the  State  of  Louisiana. 

Be.  it  ordained  by  the  people  of  Louisiana,  in  Con- 
vention assembled : 

1 .  That  all  the  unappropriated  public  domain 
within  the  limits  of  tlie  State  ot  Louisiana  is 
of  right  the  property  of  said  State  ;  and  that 
the  title,  control  and  jurisdiction  of  tiie  same 
are  hereby  vested  in  and  assumed  by  the  State, 
subject  to  such  rights  as  have  been  acquired 
under  the  laws  of  the  late  Government  of  the 
United  States. 

2.  Be  itfurlher  ordained,  That  all  laws  and 
parts  of  laws  of  the  late  Government  of  the 
United  States,  respecting  the  sales  and  surveys 
of  the  public  lands  in  this  State,  and  all  rules 
and  ordinances,  concerning  the  administration 
of  the  same  which  were  in  force  on  the  26th  of 
January.  A.  D.,  1861,  and  whicli  are  not  incon- 
sistent with  the  ordinances  passed  by  this  Con- 
vention, shall  continue  lo  bo  in  full  force 
within  this  State. 

;>.  Be  it  further  ordained,  That  until  otherwise 
provided,  all  of  the  powers,  dutici,  rights  and 
emoluments  which,  by  the  existing  laws  of  the 
late  Government  of  the  United  States  are  held, 
possessed  or  enjoyed  by  the  Surveyor-General 
of  the  State  of  Louisiana,  and  the  Registers 
and  Receivers,  and  which  are  not  incousistebt 
with  the  laws  of  the  State,  or  of  the  ordinances 
passed  by  this  Convention,  shall  continue  to  be 
held,  possessed,  enjoyed  and  exercised  by  the 
said  Surveyor-General  and  the  said  Registers 
and  Receivers. 

4.  Be  it  further  ordained,  That  the  Surveyor- 
General  and  Registers  and  Receivers  of  the 
Land  OfSces  aforesaid,  shall  be  continued  in 
their  respective  offices  ;  Provided,  they  forth- 
with take  the  oath  of  office  of  this  State,  and 
execute  new  official  l)onds  in  favor  of  this  State, 
to  be  approved  of  by  the  Governor,  and  those 
remaining  in  office  (together  with  (heir  sure- 
ties) shall  be  held  harmless  against  ali  damages 
which  might  be  claimed  of  them  by  (he  United 
States,  by  reason  of  their  compliaiice  with  the 
requirements  of  this  ordinance. 

5.  Be  it  further  ordained.  That  in  case  the 
Surveyor-General  and  the  Registers  and  Re- 
ceivers of  the  several  Land  Ottices  at  New  Or- 
leans, Opelousas,  Natchitoches,  Monroe  and 
Greensburg  in  this  State,  shall  refuse  to  take 
the  oath  referred  to  in  the  previous  section, 
then  the  Governor  of  the  State,  or  some  person 
authorized  by  him,  shall  immediately  take  pos- 
session of  all  the  public  monies  in  their  hands, 
and  all  the  books,  records,  papers  and  archives 
of,  and  belonging  to  their  respective  offices. 


6.  Be  it  further  ordained,  That  all  monies  now 
in  their  hands,  and  those  arising  from  the  sales 
of  the  public  lands,  shall  be  paid  over  by  the 
Receivers  of  the  said  several  Land  Offices  to  the 
Treasurer  of  the  State,  at  such  time  and  in  such 
form  as  the  officers  pursued  in  paying  over  such 
public  monies  to  the  late  Government  of  tlie 
United  States,  and  all  reports  required  to  be 
rendered  and  made  to  the  said  Government  at 
Washington  by  the  officers  herein  named,  shall 
be  rendered  and  made  to  the  Surveyor-General 
of  Public  Lands  for  the  District  of  Loui.slana. 
Frovided,  however,  that  any  warrants  which  msy 
have  been  drawn  on  the  said  Receivers  a.s  dis- 
bursing officers  of  the  late  Government  of  the 
United  States,  prior  to  the  26th  of  January,  A. 
D.  1861,  shall,  and  may  be  paid  at  once  by  the 
Receivers  ;  provided,  that  liefore  the  said  pay- 
ment is  made,  the  said  warrants  shall  be  ap- 
proved by  the  Governor  or  the  Surveyor-Gen- 
eral of  the  State. 

7.  Be  it  further  ordained,  That  the  Governor 
of  this  State  shall  have  authority  to  remove 
any  of  the  land  officers  aforesaid,  whenever  he 
may  consider  said  removal  conducive  to  the 
public  interests,  and  he  shall  have  authority  to 
hll  all  vacancies,  by  and  with  the  advice  and 
consent  of  the  Senate,  and  in  cise  any  of  said 
officers  should  fail  or  refuse  to  take  the  oath  re- 
quired, the  office  shall  be  deemed  vacant,  and 
the  Governor  shall  fill  the  vacancy  as  provided 
for  above. 

Mr.  Martin,  of  Assumption,  then  movtd  lo 
take  up  the  resolution  heretofore  oft'ered  by  Mr. 
Walker,  to  rescind  the  resolution  for  this  day's 
adjournment  already  adopted,  and  asked  for  a 
sui^pension  of  the  rules. 

Mr.  Davidson,  of  Sabine,  demanded  tlife  yeas 
and  nays  thereon,  which  resulted  as  follows : 

Yeas  :  Messrs.  Avegno,  Bermudcz,  Bienvenu, 
Bonford,  Bonner,  Briscoe,  Conner  of  Concordia, 
Davidson  of  Livingston,  DeBlaac,  Estlin,  Fuqua, 
Gladden,  Kennedy,  Lagroue,  Lewis  of  Orleans, 
Manning,  Marrero,  Marks  of  Orleans,  Martin  of 
Assumption,  McCloskey,  McFarland,  Melancon, 
Miller,  Moore,  Norton,  Olivier,  Perkins  of  Or- 
leans, Provosty,  Rozier,  Smith,  Semmes,  Stoc- 
ker.  Tappan,  Talbot.  Taylor  of  St.  Charles, 
Todd,  Walker  and  York— 36. 

Nays  :  Messrs.  Burton,  Butler.  Caldwell, 
Cook,  Connelly,  Cottman,  Davidson,  Dorsey, 
Dupre,  Fuselier,  Gardere,  Girard,  Graves,  Gray, 
Ilerron.  Hodges,  Ilollingsworth  Labatut,  Law- 
rence, LeBourgeois,  Martin  of  Carroll,  Magee, 
McCoUom,  McNeely,  Michel,  O'Bryan,  Patter- 
son, Peck,  Pemberton,  Richardson,  Roman, 
Scott  of  East  Feliciana,  Slawsou,  Stewart, 
Swayze,  Taylor  of  St.  Landry,  Texada,  Valen- 
tine, AVilliams  of  St.  Helena^  and  Wiltz— 40. 

Y^'eas,  36  ;  nays,  40. 

Consequently  the  said  motion  to  suspend  the 
rules  was  lost. 

Mr.  DeBlanc,  on  behalf  of  the  Committee  on 
Enrollment,  reported  as  duly  enrolled  the  fol- 
lowing ordinances  and  resolutions : 


OP  THE  STATE  OF  LOUISIANA. 


55 


1.  An  ordinanee  to  provide  for  the  appolut- 
ment  of  Delegates  to  a  Convention  to  form  a 
Southern  Confederacy. 

2.  Au  ordinance  to  amend  the  Constitution 
of  the  State  of  Louisiana. 

3.  An  ordinance  for  the  establishment  of  a 
regular  military  force  for  the  State  of  Lou- 
isiana. 

4.  Resolution  to  authorize  the  Governor  of 
the  State  of  Louisiana  to  accept  a  satisfactory 
bond  for  8100,000,  from  A.  J.  Guirot.  for  the 
faithful  performance  of  his  duties  as  Assistant 
Treasurer  of  the  Mint. 

5.  An  ordinance  relative  to  the  publication 
of  the  ordinances  and  journal  of  the  Con- 
vention. 


6.  An  ordinance  relative  to  Federal  laws 
and  oflScers  in  the  State  of  Loussiana  at  the 
time  of  the  passage  of  the  Ordinance  of  Se- 
cession. 

7.  An  ordinance  relative  to  the  revenue  col- 
lected at  the  port  of  New  Orleans. 

8.  An  ordinance  concerning  the  Circuit  and 
District  Courts  established  in  the  State  of  Lou- 
isiana by  the  late  Government  of  the  United 
States. 

9.  Au  onlinance  concerning  citizenship. 
Tlie  hour  hnving  arrived  which,  under  the 

resolution  heretofore  adopted,  was  fixed  for  the 
adjournment  of  the  Convention,  the  President 
declared  the  Convention  adjourned  until  the 
4th  of  March  next. 

J.  T.  WHEAT,  Secretary. 


JOURNAL  OF  STATE  CONVENTION. 


SECRET  SESSIONS. 


SECEET    SESSIONS. 


TuESPAr,  January,  29,  18G1. 

After  clearance  of  lobbies  aud  galleries,  the 
Convention  went  into  secret  session. 

The  President  appointed  the  following  named 
Delegates  on  a  special  committee  appointed  to 
receive  and  confer  with  Commissioners  from 
other  States,  viz  :  Messrs.  Jloorc,  Conner,  of 
Concordia  and  Roma:i. 

Mr.  Herron  moved  that  the  ordinance  re- 
ported by  the  committee  on  Commerce,  Revenue 
and  Navigation  be  postponed  until  Wednesday, 
and  bo  made  the  special  order  of  that  day  at 
12  o'clock  M.,  and  that  it  be  printed  ;  which 
motion  was  lost. 

On  motion  of  Mr.  Elgee,  the  ordinance  re- 
ported by  Mr.  Semmos,  as  chairman  of  the  Com- 
mittee on  Commerce,  etc.,  was  taken  up  section 
by  section. 

Section  1.  Be  il  ordained.  That  all  Federal  of- 
ficers in  the  civil  service  of  the  United  States, 
and  laws  of  the  United  States  relating  to  said 
Federal  officers  and  their  duties  and  compensa- 
tion within  the  State  of  Louisiana,  in  office  and 
in  force  at  the  time  of  the  i)aMage  of  the  Ordi- 
nance of  Secession  and  not  incompatible  there- 
with, are  hereby  adopted  and  continued  in  office 
and  in  force  as  ofliccrs  and  lavFS  of  this  State. 

Which  section,  after  several  amendments, 
proposed  and  rejected,  was  adopted. 

The  second  section  was  next  taken  up  which 
reads  as  follows,  and  without  dissent  adopted. 

Be  it  further  ordained,  That  the  revenue  col- 
lection and  navigation  laws  of  the  United 
States,  so  far  as  they  may  be  applicable,  be,  and 
they  are  hereby  adopted  as  laws  of  this  State, 
saving  that  no  duties  shall  be  collected  on  im- 
ports from  the  States  forming  the  late  Federal 
Union,  known  as  the  United  Slates  of  America, 
or  the  territories  thereof,  nor  uj)on  the  tonnage 
of  vessels  owned  in  whole  or  in  part  by  the  cit- 
izens of  said  States  and  Territories. 

The  third  section  was  then  taken  up,  which 
reads  as  follows,  viz  : 

Be  U  further  ordained.  That  the  President  of 
Ihis  Convention  is  hereby  authorized  to  require 
of  all  Federal  officers  aforesaid  in  the  parish  of 
Orleans,  the  immediate  recognition  by  them  of 
the  sole  and  exclusive  authority  of  the  State  of 
Louisiana,  and  to  administer  to  them  the  oath 
of  office,  and  in  case  of  refusal  to  demand  and 
take  possession  of  all  the  property,  money  and 
effects,  papers  and  documents  held  by  them  in 
their  ofiBcial  capacity,  and  the  like  authority  is 
hereby  conferred  on  the  Governor  as  to  all  Fed- 
eral officers  aforesaid  in  the  State,  and  the  offi- 


ces of  such  persons  as  refuse  to  hold  the  pro- 
perty, money  and  effects  in  their  custody  subject 
to  the  disposal  of  the  State,  and  to  take  the 
oath  of  office,  are  hereby  declared  vacant. 

Mr.  Bush  moved  the  following  amendment  to 
the  foregoing  section,  viz  : 

That  the  President  of  this  Convention  is 
hereby  authorized  to  designate  all  officers  ne- 
ce.'^sary  to  carry  out  the  provisions  of  this  ordi- 
nance. 

And  demanded  the  yeas  and  naya  thereon, 
which  resulted  as  follows,  viz  : 

Yeas :  Messrs.  Bush,  Cottman,  Hernandez. 
Herron,  Melancon.  Meredith,  Provosty — 7. 

Nays  were:  Messrs.  Adams,  Anderson.Avegno, 
Barbin,  Barrow,  Bermudez,  Bienvenu.  Bonford, 
Briscoe,  Burton,  Butler,  Caldwell,  Carr,  Clark, 
Cook,  Connelly,  Conner,  of  Concordia,  Connor, 
of  St.  Tammany,  Davidson  of  Livingston, 
Davidson,  of  Sabine,  Declouet.  DeBlanc.  Duffel, 
Dupre,  Elara,  Elgee,  Estlin,  Fuselier,  Fnqua, 
Gardere.  Gaudet,  Gill,  Girard,  Graves,  Gray, 
Griffin,  Hough,  Hodge,  Hodges,  Hollingsworth,. 
Johnston.  Kennedy,  Labatut,  Lawrence,LegTOue 
LeBourgeois,  Lewis,  of  Bienville,  Lewis,  of 
Claiborne,  Lewis  of  Orleans,  Manning,  Marshall, 
JIarks  of  Caddo,  Marks  of  Orleans,  Martin  of 
Assumption,  Martin  of  Carroll,  Magee,  Mc- 
Closkey,  McCollom,  McFarland,  Miles,  Michel, 
Miller,  Moore,  Norton,  O'Bryan,  Olivier,  Per- 
kins of  Concordia,  Pemberton,  Pierson  of  Winn, 
Pierson  of  Natchitoches,  Pike,  Polk,  Pope,  Pugh , 
Richardson,  Roman,  Roselius,  Rozier,  Scott  of 
Claiborne,  Scott  of  East  Feliciana,  Semmes, 
Slawson,  Smith,  Smart,  Sompayrac,  Sparrow, 
Stewart.  Tappan,  Talbot,  Taliaferro.  Taylor  of 
St.  Charles,  Taylor  of  St.  Landry,  Texada,  Todd, 
Towles,  Tucker,  Valentine,  Warren,  Walker, 
Williams,  Williamson,  Wiltz  and  York — 103. 

Yeas,  7  ;  nays,  103. 

Therefore  Mr.  Bush's  amendment  was  lost  ; 
and  the  said  section  was  adopted  without 
amendment. 

The  fourth  section,  which  is  as  follows,  was 
on  motion  by  Mr.  Semmes.  adopted. 

4.  Be  it  further  ordained,  That  the  State  of 
Louisiana  doth  hereby  guarantee  and  ideranify 
all  Federal  officers  aforesaid  within  this  State, 
who  comply  with  the  ordinances  of  this  Con- 
vention against  all  claims  and  demands  of  the 
United  States  arising  out  of  such  compliance  : 

The  fifth  section  which  reads  as  follows,  being 
next  in  order,  was  then  taken  up. 

Be  it  further  ordained,  That  in  case  any  Fed- 
eral office  hereby  adopted  as  a  State  office  be 
now  or  shall  become  vacant,  the  Governor  be 


GO 


JOURNAL   OF   THE   CONVENTION 


and  be  is  hereby  autliorized  to  fill  the  same  in 
the  same  manner  as  the  Pref^ident  of  the  United 
States,  or  the  head  of  any  department  of  the 
United  States  Government  might  have  done 
prior  to  the  passage  of  the  Ordinance  of  Seces- 
sion, and  that  the  Governor  shall  have  authority 
to  remove  any  officer  now  holding  a  Federal 
office  in  this  State,  if  he  shall  consider  the  said 
removal  conducive  to  the  public  interest. 

To  this  section,  Mr.  Elgec  proposed  the  fol- 
lowing amendment ; 

That  the  Governor  shall  have  authority  to 
remove  any  officer  now  holding  a  Federal  office 
in  this  State,  if  he  shall  consider  the  said  re- 
moval conductive  to  the  public  good. 

Mr.  Semmes  having  accepted  the  said  amend- 
iueut,  the  fifth  section,  as  amended,  was 
adopted. 

Then  on  motion  of  Mr.  Semmes,  the  ordinance 
as  amended,  was  adopted  as  a  whole. 

Mr.  Semmes,  as  chairman  of  the  Committee 
on  Commerce,  etc.,  submitted  the  following 
resolution,  which  was  adopted  : 

Resolved,  That  the  President  of  the  Convention 
do  appoint  a  committee  to  consist  of  five  mem- 
bers, who  shall  take  an  inventory  of  all  pro- 
perty, money  and  eti'ects  delivered  into  the  pos- 
session and  control  of  the  State  by  Federal 
officers  in  the  parish  of  Orleans. 

Mr.  Walker  then  moved  to  take  up  the  report 
of  the  Committee  on  Postal  Aftairs. 

"When  Mr.  Elam  moved  that  the  doors  of  the 
Convention  be  opened,  which  was  carried,  and 
on  motion,  the  Convention  then  adjourned  to 
meet  again  at  6  o'clock,  1*.  M. 


EVEXIXG   SECRET    SESSIOX. 

The  Convention  assembled  at  G  o'clock  this 
evening. 

Present.  Hon.  A.  Moutoa,  in  the  chair,  and 
ninety-eight  Delegates. 

Mr.  Semmes  moved  to  close  the  doors  of  the 
Convention,  for  the  purpose  of  going  into  secret 
session,  which  was  carried. 

Mr.  Semmes  then  presented  the  following  or- 
dinance, reported  by  him  as  chairman  of  the 
Committee  of  Commerce,  etc.,  which  was  taken 
up  section  by  section  : 

AN  ORDINANCE  relative  to  the  llevenues 
collected  at  the  Port  of  New  Orleans : 
Be  it  ordained  hy  the  peojjle  of  Louisiana  in  Con- 
vention assembled,  That  the  revenues  collected  and 
to  be  collected  at  the  port  of  New  Orleans  are 
held  in  trust  to  the  State  of  Louisiana,  and  shall 
1)6  kept  separate  and  apart  from  all  other 
funds. 

Be  itfurtlier  ordained^  That  the  Governor,  and 
he  alone,  is  hereby  authorized  to  draw  his  war- 
rant on  the  depositary  of  said  funds  to  pay  such 
expenses  of  the  service,  as  well  as  the  expenses 
of  the  mint  in  New  Orleans,  upon  the  estimates 
of  the  proper  officers,  as  have  been  heretofore 
authorized  by  the  laws  and  regulations  of  the 
United  States. 


Be  it  further  ordained.  That  all  accounts  coh- 
nected  with  said  service  as  well  as  said  mint,  as 
heretofore  rendered  to  the  Federal  authorities, 
be  rendered  to,  and  adjusted  by  the  Governor, 
who  is  hereby  authorized  and  required  to  take 
proper  bond*,  with  sureties  of  said  ofllcers  for 
the  proper  discharge  of  their  duties. 

The  first  section  being  read,  was,  on  motion 
by  Mr.  Semmes,  adopted. 

Mr.  Hodge  moved  that  the  ordinance  be  laid 
on  the  table  subject  to  call ;  which  was  re- 
fused. 

The  second  and  third  sections  being  then 
read,  were,  on  motion  by  Mr.  Semmes. 
adopted. 

Mr.  Williamson  moved  the  following  addi- 
tional section  be  adopted  as  an  amendment  to 
the  said  ordinance  ;  which  was  adopted  : 

Be  it  further  ordained.  That  all  accounts  here- 
tofore rendered  by  the  Federal  officers  in  this 
State  to  the  Federal  authority,  be  hereafter 
rendered  in  the  manner  prescribed  by  the  laws 
and  regulations  of  the  United  States  to  the  Gov- 
ernor of  the  State. 

Mr.  Olivier  then  presented  the  following  or- 
dinance, reported  by  him  as  chairman  of  the 
Committee  on  State  Constitution  and  the  Pro. 
tectiou  of  Private  Rights  ;  which  was  adopted  ; 

The  Committee  on  State  Constitution  and 
Protection  of  Private  Rights  beg  leave  to  report 
the  following  ordinance  : 

AN  ORDINANCE  to  alter  the  Constitution  of 
the  State  of  Louisiana  in  preference  to  the 
oath  of  office. 

We,  the  people  of  the  State  of  Louisiana,  in  Con- 
vention assembled,  do  declare  and  ordain,  and  it  is 
hereby  declared  and  ordained,  That  the  nineteenth 
article  of  the  Constitution  of  the  State  of  Louis- 
iana be  and  it  is  hereby  altered  so  as  to  read  a.s 
follows,  to-wit  : 

'•  Members  of  the  General  Assembly,  and  all 
officers,  before  they  enter  upon  the  duties  of 
their  offices,  shall  take  the  following  oath  or 
affirmation  : 

"  I  do  solemnly  swear  for  affirm]  ibat  I  will 
be  faithful,  and  true  allegiance  bear  to  the  State 
of  Louisiana,  so  long  as  I  may  continue  a  citi- 
zen thereof,  and  that  I  am  duly  qualif  ed.  ac- 
cording to  the  Constitutiou  of  this  State  to  hold 
the  office  to  which  I  have  been  appointed,  [or 
elected]  and  that  I  will,  to  the  best  of  my 
ability,  disi'liarjie  the  tJuties  thereof,  and  pre- 
serve, pioteot  and  defend  the  Constitution  of 
this  State.     So  help  me  God.'' 

Mr.  Elam  moved  to  take  up  the  report  of  the 
Committee  on  the  formation  of  a  Southern  Con- 
federacy, which  motion  was  carried. 

Whereupon  Mr.  Lawrence  moved  that  he 
doors  of  the  Convention  be  opened,  which  mo- 
tion was  carried. 

J.  T.  WHEAT,  Secretary. 


OP  THE  STATE  OP  LOUISIANA. 


61 


Friday,  February  1,  1861. 

la  accordance  with  the  order  for  that  pur- 
pose, the  lobbies  and  galleries  were  cleared, 
and  the  Convention  went  into  secret  session, 

The  journal  of  the  secret  session  of  the  29th 
of  January  was  read,  and  approved. 

The  President  then  submitted  the  following 
report  of  his  action  under  authority  of  the  or- 
dinance in  relation  to  Federal  officers,  adopted 
January  29,  1861. 

"In  compliance  with  the  proTisions  of  the 
third  section  of  the  ordinance  adopted  on  the 
29th  instant,  authorizing  the  President  of  the 
Convention  to  require  of  all  Federal  officers 
aforesaid,  in  the  parish  of  Orleans,  the  imme- 
diate recognition  by  them  of  the  sole  and  ex- 
clusive authority  of  the  State  of  Louisiana, 
and  to  administer  to  them  the  oath  of  office  ; 
and,  in  case  of  refusal,  to  demand  and  take 
possession  of  all  the  property,  money  and  ef- 
fects ,  papers  and  documents  held  by  them  in 
their  official  capacity."     Report— - 

"  I  hare  called  on  the  officers  of  the  Mint,  and 
of  the  Custom-house  in  this  city,  and  after 
having  communicated  to  them  the  purpose  of 
my  visit,  they  at  once  expressed  their  willing- 
ness to  acknowledge  and  bear  allegiance  to  the 
State  of  Louisiana  ;  and  I  further  inform  the 
Convention  that  said  ufficers  appeared  this  day 
before  me,  and  were  sworn,  and  their  oaths  en- 
tered in  a  book  for  preservation  in  the  State 
Department.'' 

Mr.  Walker,  having  asked  and  obtained  leave, 
withdrew  the  ordinance  heretofore  reported  by 
him,  as  chairman  of  the  Committee  un  Postal 
Affairs. 

Mr.  Elgee  submitted  the  following  resolution, 
which,  on  motion,  was  adopted  : 

Hesolved,  That  the  injunction   of  secrecy   be 
removed  from  the  publication   of  the   prooeed- 
ings  of  the  Convention  of  the  29th  ultimo. 
mMr.  llerroa  submitted   the   following  reso- 
lution : 

Resolved,  That  the  Committee  on  Commerce. 
Revenue  and  Navigation  be  instructed  to  pre- 
pare an  ordinance  providing  for  the  payment  of 
such  outstanding  warrants  on  tne  Assistant 
Treasurer,  in  New  Orleans,  as  should  be  paid 
out  of  special  funds  deposited  in  tne  Treasury 
in  New  Orleans. 

Mr.  Norton  then  offered  the  following  reso- 
lution as  a  substitute  for  Mr.  Herron's  reso- 
lution. 

Resolved,  That  the  whole  fund  in  the  Mint  and 
the  Treasury,  in  this  city,  except  the  bullion 
fund,  shall  be  held  subject  to  the  draft  of  those 
who  were  authorized  by  the  Government  of  the 
United  States,  to  draw  upon  said  funds. 

On  motion  by  Mr.  Pugh,  Mr.  Norton's  sub- 
stitute was  laid  on  the  table. 

The  question  recurring  on  Mr.  Herron's  reso- 
lution, Mr.  Pugh  moved  its  adoption. 

Mr.  Swayze  moved  to  amend  it  by  inserting 
the  words  "  if  any  ■'  alter  the  words  "  outstand- 
ing warrants,"  which  was  carried. 

Mr.  Valentine  moved  that  the  resolution  thus 
amended  be  laid  on  the  table,  which  was  re- 
fused. 


After  which  the  question  recurring  upon  Mr. 
Herron's  resolution,  as  amended  by  Mr.  Pugh, 
it  was.jon  motion,  adopted. 

Mr.  Kidd  then  moved  that  the  doors  of  the 
Convention  be  opened,  which  was  carried. 

J.  T.  WHEAT,  Secretary. 


Saturday,  February  2.  1S61. 

In  accordance  with  the  order  given  for  that 
purpose,  the  lobbies  and  galleries  were  cleared 
and  the  Couvention  went  into  secret  session. 

Hon.  A.  Mouton.  President,  in  the  chair. 

Mr.  Bienvenu  moved  the  doors  of  the  Con- 
vention be  opened,  which  was  refused. 

Mr.  Elgee  offered  the  following  ordinance  : 

ir«,  the  people  of  Louisiana,  in  Couvention  as- 
sembled, do  ordain  and  establish,  that  all  offi- 
cers of  this  State  be  forthwith  required  to  take 
the  oath  of  allegiance,  and  to  transmit  the  same 
to  the  Governor  of  the  State,  whose  duty  it 
shall  be  to  caui-e  the  same  to  be  tiled,  and  duly 
recorded  in  the  office  of  the  Secretary  of  the 
State. 

H'«  do  further  ordain  and  estnblUh,  That  should 
any  officer  of  this  State  neglect  or  refuse  to 
take  the  oath  of  allegiance,  and  to  tran.«mit  the 
evidence  of  the  same,  as  required  by  the  pre- 
ceding article,  within  thirty  days  from  the  pro- 
mulgation of  this  ordinance,  his  office  ^hall  l»e 
declared  vacant. 

We  do  further  ordain  and  establish,  That  in  the 
event  of  such  vacancies,  by  failure  or  refusal  so 
to  take  the  oath  of  allegiance  as  aforesaid,  the 
Governor  of  this  State  Fhall  have  authority  vo 
fill  such  vacancy,  upon  nomination  to  the 
Senate,  and  with  their  advice  and  consent. 

Mr.  Girard  then  submitted  the  following 
amendment  to  the  foregoing  ordinance  : 

We  do  further  ordain  and  establiih,  that  the 
Governor  be  requested  to  transmit  new  com- 
missions to  each  of  the  officers  who  will  hav« 
taken  the  oath  of  office  required  by  this  or- 
dinance. 

Mr.  Elgee  having  accepted  the  amendment, 
it  became  a  part  of  the  ordinance  submitted 
by  him. 

And  Mr.  Semmos  moved  to  refer  the  said  or- 
dinance, as  amended,  to  the  Committee  on  Judi- 
ciary and  Federal  Jurisdiction  and  Property  in 
Louisiana,  with  instructions  to  report  in  open 
session,  which  was  carried. 

Mr.  Provosty  submitted  the  following  reso- 
lution, viz  : 

Resolved,  That  the  Committee  on  Finance  be 
instructed  to  report  to  this  Convention,  in  se- 
cret session,  a  clear  and  comprehensive  state- 
ment of  the  present  condition  of  the  Treasury 
of  Louisiana,  and  of  the  pecuniary  resources  at 
her  disposal,  or  within  her  reach,  to  repel  in- 
vasion by  any  foreign  power,  or  meet  any  other 
great  event  or  danger. 

Mr.  Stocker  proposed  to  amend  the  said  reso- 
lution by  striking  out  the  words  '•  secret  ses- 
sion,'- in  the  third  line,  which  amendment, 
being  accepted,  the  resolution  as  amended  was, 
on  motion  of  Mr.  Provosty,  adopted. 


^2 


JOURNAL   OF   THE   CONVENTION 


Jlr.  Semmes  submitted  the  following  ordi- 
nance, reported  by  him  as  chairman  of  the 
Committee  on  Commerce,  Revenue  and  Navi- 
gation : 

AN  ORDINANCE  authorizing  the  payment  of 
certain  drafts  drawn  on  the  late  Ssb-Treasury 
of  the  United  States  at  New  Orleans. 
AVhcreas,  the  State   of  Louisiana,  has  taken 
under  its  control  the  funds  deposited  in  the  late 
Sub-Treasury  of  the  United  Stales  at  New  Or- 
leans, out  consider  it  just  that  certain  drafts 
drawn    against    the    same    should    be     paid, 
therefore, 

Be  it  ordained  by  the  People  of  tJis  State  of  Lou- 
isiana, in  Convention  assembled,  That  the  State 
depositary  of  said  funds  be,  and  he  is  liereViy 
aulliorized  to  pa^^  all  drafts  drawn  iu  the  legiti- 
mate course  of  disbursement,  by  the  disbursing 
ollficers  of  the  United  States,  on  the  funds  here- 
tofore deposited  iu  tlie  Sub-Treasury  of  the 
United  States  at  New  Orleans,  to  the  credit  of 
Buch  o.Ticera  respectively  :  Provided  that  no 
draft  shall  be  paid  except  out  of  the  balance 
standing  to  the  credit  of  the  officer  drawing  the 
same ;  and,  provided  further,  that  the  aggre- 
gate amount  of  drafts  hereby  authorized  to  be 
paid  shall  not  exceed  the  sum  of  three  hundred 
and  six  thousand,  five  hundred  and  ninety-two 
dollars  and  eighty  cents  (306.592  80.) 

Be  it  further  ordained,  That  the  State  deposi- 
tary aforesaid  be,  and  he  is  hereby  authorized 
to  pay  all  outstanding  drafts  dravrn  by  the 
United  States,  prior  to  the  passage  of  the  Ordi- 
nance of  Secession,  against  the  funds  hereto- 
fore deposited  in  the  Sub-Treasury  of  the  Uni- 
ted States  at  New  Orleans,  to  the  credit  of  the 
public  revenue  of  the  United  States  :  Provided, 
That  the  aggregate  amount  of  said  drafts  shall 
not  exceed  tlie  sum  of  one  hundred  and  forty- 
eix  thousand,  two  hundred  and  twenty-six  dol- 
lars and  seventy-four  cents,  (146,22(5  74)  but 
no  transfer  draft  or  drafts  on  the  bullion  fund 
shall  be  recognized  or  paid. 

Be  it  further  ordained,  That  the  sum  of  thirty- 
one  thousand  one  hundred  and  sixty-four  dol- 
lars and  forty-four  cent3,( $31,104  44)  standing 
to  the  credit  of  the  Post-Office  Department,  on 
the  boolis  of  the  late  Sub-Treasury  of  the  Uni- 
ted States  at  New  Orleans,  is  hereby  held  sub- 
ject to  draft  of  the  United  States,  in  payment 
of  postal  services  until  otherwise  ordered  by 
this  Convention,  or  the  G  'neral  Assembly  of 
the  State. 

On  motion,  tlic  said  onlinanco  was  then  con- 
Bidered  section  by  section. 

First  S!!ction  being  read,  Mr.  BiTmudez  sub- 
mitted ihe  following  resolution  as  a  substitute 
for  said  first  section  : 

Resolved,  Thiu  such  funds  and  effects  as  are 
placed  to  the  credit  of  Federal  officers  iu  the 
Mint,  in  this  city,  be  placed  to  the  credit  of  the 
State  of  Louisiana,  the  same  to  be  distributed, 
or  disposed  of,  in  such  manner  and  at  such  time, 
as  the  assembled  Convention  may  determine 
upon  the  report  of  the  Investigating  Com- 
mittee on  Claims  that  may  be  presented  prior 
to  the  final  adjournment  of  that  body. 


That  a  committee  of  be  appointed  to 

investigate  and  examine  into  all  such  claims 
and  report  upon  each  and  all,  the  same  append- 
ing evidence  in  support  of  claims  allowed. 

Mr.  Semmes  moved  to  lay  the  foregoing  sub- 
stitute on  the  table,  and  Mr.  Miles  demanded  the 
yeas  and  nays,  the  result  of  which  was  as  fol- 
lows, viz  : 

Yeas :  Messrs.  Adams,  Anderson,  Avegno, 
Earbin,  Barrow,  Bienvenu,  Briscoe,  Butler,  Cald- 
well, Carr,  Conner  of  Concordia,  Davidson  of 
Livingston,  Davidson  of  Sabine,  DeBlanc,  Dor- 
sey,  Dufiel,  Elgee,  Estlin,  Fuselier,  Gardere, 
Gaudet,  Gladden,  Gill,  Graves,  Gray,  Griffin, 
Hodges,  HoUingsworth,  Kidd,  LeBourgeois, 
Lewis  of  Bienville,  Manning,  Marrero,  Marks 
of  Caddo,  Marks  of  Orleans,  Martin  of  Assump- 
tion, McCloskey,  SIcNeely,  Melancon,  Miller, 
Moore,  Norton,  Olivier,  Patterson,  Perkins  of 
Orleaas,  Pemberton.  Pierson,  of  Natchitoches, 
Polk,  Pi'ovosty,  Pugh,  Richardson,  Roman, 
Rozicr,  Scott  of  Feliciana,  Semmes,  Slawsou, 
Smith,  Smart,  Sompayrac,  Stewart,  Stocker, 
Taylor  of  St.  Charles,  Texada,  Thomasson,  Todd, 
Towles,  Warren,  Walker,  Williams  of  East 
Baton  Rouge,  and  Wilkinson — 69. 

The  nays  were  :  Messrs.  Bermudez,  Bonner, 
Cannon,  Connelly,  Conner,  of  St.  Tammany, 
Elam,  Girard.  Hernandez,  Johnston,  Kennedy, 
Labatut,  Lagroue,  Lewis  of  Claiborne,  Lewis 
of  Orleans,  Martin  of  Carroll,  McCollom,  Mc- 
Farland,  Meredith,  Miles,  O'Bryan,  Peck,  Pier- 
son,  of  V/inn,  Swayze,  Talbot,  Tappan,  Talia- 
ferro, Taylor  of  St.  Landry,  Valentine,  Wiltz 
and  York— 30. 

RECAPITDLATIOX. 

Yeas 69 

Nays 30 

Entire  vote 99 

Mr.  Thomasson  then  offered  the  following 
substitute  to  the  first  section  of  said  ordinance  : 

That  all  drafts  drawn  by  officers  of  the  United 
States  on  funds  placed  to  their  credit  in  the  Sub- 
Treasury  of  the  United  States  at  New  Orleans, 
prior  to  the  passage  of  the  Ordinance  of  Seces- 
sion,' shall  be  paid  out  of  such  fund ;  but  no 
draft  drawn  on  such  fund,  except  the  Post-office 
funds,  after  the  passage  of  said  ordinance,  shall 
be  paid,  unless  accompanied  by  evidences  satis- 
factory to  the  Governor  of  the  State,  that  the 
same  were  drawn  in  payment  of  obligations 
previously  entered  into  by  such  officers,  and,  in 
such  casi!,  the  Governor  is  hereby  authorized  to 
direct  that  the  same  shall  be  paid. 

Mr.  Estlin  then  moved  the  previous  question, 
which  was  carried,  and  the  question  occuring, 
upon  Mr.  Thomasson's  substitute,  it  was  lost. 

Mr.  DeBlanc  moved  that  the  first  section  of 
the  ordinxnce  be  adopted,  when  Mr.  Norton  de- 
manded the  yeas  and  nays,  which  resulted  as 
follows,  viz  : 

The  yeas  were  :  Messrs.  Adams,  Anderson, 
Barbin,  Barrow,  Bienvenu,  Bonner,  Briscoe, 
Butler,  Carr,  Conner  of  Concordia,  Davidson,  of 
Livingston,  Dorsey,  Duffel,  Elgee,  Estlin,  Fuse- 
lier, Gardere,  Gaudet,  Gladden,  Gill,  Graves, 
Gray,  Griffin,  Ilerron,  Ilodge,  Hodges,  HoUins- 


OP  THE  STATE  OP  LOUISIANA. 


68 


worth,  Kennedy,  Kidd,  Labatut,  Lagroue.  Le- 
Bourgeois.  Lewia  of  Bienville,  Marrero,  Marks  of 
Orleans,  Marks  of  Caddo,  Martin  of  Assumption, 
McClosky,  McCollom,  McNeely.  Melangon,  Mil- 
ler, Moore,  Norton,  O'Bryan,  Olivier.  Patterson, 
Perkins  of  Orleans,  Pierson  of  Natchitoches, 
Polk,  Pope,  Provosty,  Pugh,  Richardson,  Ro- 
man, Rozier,  Scott  of  East  Feliciana,  Semmes, 
Slawson,  Smith,  Smart,  Sompayrac,  Stewart, 
Stocker,  Taylor  of  St.  Charles.  Texada,  Thomas- 
son,  Todd,  Towles,  Walker,  Warren,  Williams 
of  East  Baton  Rouge,  Wilkinson,  Wiltz — 71. 

The  nays  were  :  Messrs.  Bermudez,  Bonner, 
Burton,  Caldwell,  Cannon,  Connelly,  Elam, 
Girard,  Johnston,  Lewis,  of  Claiborne,  Lewis, 
of  Orleans,  Martin,  of  Carroll.  McFarland, 
Meredith,  Miles,  Peck,  Pearson  of  Winn,  Swayze, 
Tappan,  Taliaferro,  Valentine,  York — 22. 

Yeas,  74  ;  nays.  22. 

Consequently  the  first  section  of  the  said  or- 
dinance was  adopted. 

The  second  section  being  read  was.  on  mo- 
tion, adopted. 

The  third  Bectiou  being  read  was  ou  motion, 
adopted. 


Mr.  Semmes  then  eubmitted  the  following 
amendment,  and  moved  that  it  bo  added  to  and 
made  the  fourth  section  of  said  ordinance  which 
was  adopted  : 

Sec.  4.  Be  it  further  ordained.  That  no  draft 
whatever  shall  be  paid  by  the  said  depositary 
of  said  funds,  until  he  shall  have  given  bond, 
with  surety  to  the  Governor  of  this  State,  as 
provided  for  in  the  ordinance  heretofore  passed 
on  the  29th  January,  in  the  year  1861. 

On  motion  by  Mr.  Semmes,  the  ordinance,  as 
amended,  was  adopted  as  a  whole. 

Mr.  Marks,  of  Orlcan<=,  moved  to  reconsider 
the  vote  just  taken  on  the  ordinance  reported 
by  Mr.  Semmes,  chairman  of  the  Committee  co- 
Commerce. 

Which,  on  motion  by  Mr.  Semmes,  was  laid  on 
the  table. 

Mr.  Semmes  then  moved  that  the  injunction  of 
secrecy  be  removed  from  the  proceedings  of  to- 
day, which  was  carried. 

Mr.  Miles  moved  that  the  doors  of  the  Conven- 
tion be  opened,  which  was  carried,  and  the  Coa- 
ventioQ  resumed  its  open  session. 

J.  T.  WHEAT,  Secretary. 


•  V 


J" 


